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SUMMARY CIVIL SUIT - SUMMARY SUIT

Maria John BrittoVsGaffar Umarkhan Deshmukh

CNR MHCC01008135201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100821/2019
Registration Date
20 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 14-10-2019
    Business: Adv. Joshi for plaintiff present.
    Adjd. to 20.01.2020 for SJ
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 21.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 04.07.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 15.01.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Court is on Leave.
    Matter is adjd to 24.02.2021 for S/J hearing .
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 26.04.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to Covid-19 pandemic.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-06-2021
    
    Date: 26-06-2021
    Business: Due to Covid-19 pandemic and declared holiday.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 07.10.2021 for S/J for Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv for plaintiff present.
    Adv for plaintiff filed application for time extension for writ of summons upon the defendant. TOR. O-Time extended accordingly.
    Matter is adjd to 08.02.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 19/04/2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: REPLY
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: As Court busy in recording evidence in Session Case No.92 of 2020 and Sessions Case No.571 of 2020, hence, board is discharged.
    Matter adjourned to 06.10.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None for plaintiff.
    No service affidavit is filed.
    No steps are taken since long time to serve the defendant.
    Matter is adj. as a last chance to 15/12/2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: None for plaintiff.
    Matter is pending at the stage of report/affidavit of service.
    Plaintiff seems absent on last many dates.
    If plaintiff fails to take proper steps, suit would stand dismissed in default.
    Matter is adj to 04/03/2023 for report/affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court time is over, remaining first session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 09/06/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate absent.
    Matter is adj to 11.09.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Presiding officer is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and her advocate are absent. It is appearing that the defendant is not yet served with the writ of summons.
    Matter is adj to 06.01.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    No steps taken to serve the defendant.
    Matter is adj to 16.03.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps.
    Matter is adj to for 04.05.2024 dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 3.25 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusing roznma, it appears that the plaintiff has filed suit against defendant on 01.08.2019 for recovery of amount. Further, it appears from roznama that since 14.10.2019, matter is pending for filing affidavit of service. The plaintiff has not filed affidavit of service till date. Therefore, as per order dated 01.12.2023, matter is adjourned for dismissal order. Even today, the plaintiff is absent and has not taken any steps. It appears that the plaintiff is not interested to conduct the case. The matter is very old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
    Order
           Summary Suit No.821/2019 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108561/2019
    Filing Date: 01-08-2019
    First Hearing Date: 14th October 2019
    Decision Date: 04th May 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 May 2024
    Order Details: Other
    Pdf Text: 56
    04/05/2024
    SUM
    821/19
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 3.25 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusing roznma, it appears that the plaintiff has filed
    suit against defendant on 01.08.2019 for recovery of
    amount. Further, it appears from roznama that since
    14.10.2019, matter is pending for filing affidavit of service.
    The plaintiff has not filed affidavit of service till date.
    Therefore, as per order dated 01.12.2023, matter is
    adjourned for dismissal order. Even today, the plaintiff is
    absent and has not taken any steps. It appears that the
    plaintiff is not interested to conduct the case. The matter is
    very old. Therefore, no purpose will served by keeping the
    matter pending. Hence, I proceed to pass following order:-
    Order
    Summary Suit No.821/2019 is hereby dismissed in
    default.
    Judge
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