SUMMARY CIVIL SUIT - SUMMARY SUIT
Mr. Shivaji Gangaram AroteVsMr. Bharatbhai Dhanji Solanki
CNR MHCC01008353201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st February 2024
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100796/2019
- Registration Date
- 06 Aug 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 3
Case History / Proceedings
Case History
Date: 30-09-2019 Business: Adv. B.S. Patil for plaintiff present. Issue writ of summons against deft. Adjd. for service to 18.11.2019. Next Purpose: SERVICE Next Hearing Date: 18-11-2019 Date: 18-11-2019 Business: Both Parties are absent till 4.00 p.m. Matter is adjd to 07.12.2019 for service Next Purpose: SERVICE Next Hearing Date: 07-12-2019 Date: 07-12-2019 Next Purpose: SERVICE Next Hearing Date: 16-12-2019 Date: 16-12-2019 Business: Plaintiff absent. Defendent absent. Adv. B. S. Patil for plff. Present. Adv. for deft absent. Plaint Vakalatnama Memorandum of address List of document Adv. for the plff requested to give a last chance for filling of affidavit of service. Matter is adjd to 06.01.2020 for service. Next Purpose: SERVICE Next Hearing Date: 06-01-2020 Date: 06-01-2020 Business: Plaintiff absent. Defendant absent. Adv. Balbheem Patil For plaintiff present. Adv. for defendant absent. Matter is adjd to 21.01.2020 for Report Next Purpose: REPORT Next Hearing Date: 21-01-2020 Date: 21-01-2020 Business: Plaintiff absent. Defendant absent. Adv. Balabheem Patil For plff. present. Adv. For deft. Absent. Matter is adjd to 12.03.2020 for Report. Next Purpose: REPORT Next Hearing Date: 12-03-2020 Date: 12-03-2020 Business: Plaintiff absent. Defendant absent. Adv. Balbheem Patil for plff. Present. Adv. For deft. Absent. Matter is adjd to 23.04.2020 for Report. Next Purpose: REPORT Next Hearing Date: 23-04-2020 Date: 23-04-2020 Reason For Adjournment: National Lock Down Next Purpose: REPORT Next Hearing Date: 14-05-2020 Date: 14-05-2020 Next Purpose: REPORT Next Hearing Date: 03-06-2020 Date: 03-06-2020 Business: Due to Covid-19 Lockdown Reason For Adjournment: National Lock Down Next Purpose: REPORT Next Hearing Date: 20-06-2020 Date: 20-06-2020 Business: Due to Covid-19 Lockdown Next Purpose: REPORT Next Hearing Date: 11-09-2020 Date: 11-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPORT Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: Both the parties and his advocate are absent. Matter is adjd to 06.03.2021 for Report. Next Purpose: REPORT Next Hearing Date: 06-03-2021 Date: 06-03-2021 Business: Plaintiff absent. Defendant and his advocate are absent. Adv. Balbheem Patil for plff. Present. Matter is adjd to 29.04.2021 for report. Next Purpose: REPORT Next Hearing Date: 29-04-2021 Date: 29-04-2021 Business: Due to Covid-19 pandemic. Matter is adjd to 26/06/2021 for Report Next Purpose: REPORT Next Hearing Date: 26-06-2021 Date: 26-06-2021 Business: Due to Covid-19 pandemic and declared holiday. Next Purpose: REPORT Next Hearing Date: 20-08-2021 Date: 20-08-2021 Business: Plaintiff absent. Defendant and his advocate are absent. Adv. Balbheem Patil for the plff present. Matter is adjd to 20.09.2021 for report. Next Purpose: REPORT Next Hearing Date: 20-09-2021 Date: 20-09-2021 Business: Court is vacant Next Purpose: REPORT Next Hearing Date: 22-11-2021 Date: 22-11-2021 Business: Court is vacant Next Purpose: REPORT Next Hearing Date: 08-02-2022 Date: 08-02-2022 Business: None present for Plaintiff. None present for Defendant. Matter adj. To 08/04/2022 for Report. Next Purpose: REPORT Next Hearing Date: 08-04-2022 Date: 08-04-2022 Business: P.O. is on training. Next Purpose: REPORT Next Hearing Date: 29-06-2022 Date: 29-06-2022 Business: None for Plaintiff. None for Defendant. Plaintiff to take proper steps to serve the Defendant. Matter adjourned to 19/09/2022 for Steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 19-09-2022 Date: 19-09-2022 Business: Adv. Balbheem Patil for plaintiff present. None for defendant. Adv. Mr. Balbheem Patil for plaintiff tendered affidavit of service (Exh.05). On perusal of the service affidavit it appears that the writ of service is delivered at the office of BMC, Mr. Patil Advocate for plaintiff submits that as the defendant is employee of BMC, this is a good service. There is nothing on record to show that actually the BMC had tendered the writ of summons to the defendant. Hence, there is scope to doubt about the due service. Therefore, plaintiff to take steps to point out this Court as to the actual service on the defendant or attempt service on the defendant once again. Matter adjd. to 02.12.2022 for report/service affidavit. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 02-12-2022 Date: 02-12-2022 Business: Adv.Balbheem Patil for plaintiff present. He seeks time to take steps. Time granted as a last chance. Matter is adj to 17/02/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-02-2023 Date: 17-02-2023 Business: None for plaintiff. This court by detailed order had directed plaintiff to take proper steps to serve the defendant. However yet no steps are taken. Matter is adj as a last chance to 01/04/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 01-04-2023 Date: 01-04-2023 Business: Adv B. Patil for plaintiff present. This court by detailed order dtd. 19.02.2022 had directed plaintiff to take steps to point out this court as to actual service on the deft. plaintiff was further granted liberty to serve the deft once again. Despite laps of six months plaintiff has taken no steps. Ld. Adv for plaintiff seeks last chance. In view of the same, matter is adjourned as last chance. Matter is adj to 15-07-2023 for steps Next Purpose: FOR TAKING STEPS Next Hearing Date: 15-07-2023 Date: 15-07-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61) Adv. B. S. Patil for plaintiff is present. In view of the submissions of the plaintiff, Issue fresh writ of summons on defendant. Matter is adj to 26.10.2023 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 26-10-2023 Date: 26-10-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. B. S. Patil for plaintiff is present and requested for re-issuance of writ of summons. Suit is filed in the year 2019, but the writ of summons is not yet served on the defendant. The plaintiff is not appearing prompt in taking the steps for serving the writ of summons. Adjournment is granted in the interest of justice, subject to costs of Rs.500/- payable to DLSA. Re-issue fresh writ of summons. The plaintiff to lodge the writ of summons within 15 days by paying the costs. Matter is adj to 24.01.2024 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-01-2024 Date: 24-01-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv. Balbheem Patil for the plaintiff is present and requested to file affidavit of service. Time is granted to file affidavit of service. Matter is adj to 12/03/2024 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-02-2024 Date: 21-02-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Not on board, taken on board. Mr. Shivaji Gangaram Arote, the plaintiff in person is present. Adv. B. S. Patil for plaintiff is present and filed an application for taking case on today\''s board. Taken on record. It is marked as Exh-6. O-Allowed. Counsel for the plaintiff also filed application for withdrawal of the suit. Taken on record. It is marked as Exh-7. Order below Exh-1 The counsel for plaintiff has filed an application at Exh-7 for withdrawal of summary suit. The plaintiff and his advocate are present. The plaintiff submitted that matter is settled between the parties out of court. Therefore, he does not want to proceed with the matter. In view of the submissions of plaintiff and his advocate and filing application for withdrawal of the suit at Exh-7, the suit No. 796 of 2019 is hereby stands disposed of, as withdrawn. The plaintiff is entitled to refund of court fees, if provided for in the rules. Nature Of Disposal: WITHDRAWL Disposal Date: 21-02-2024
Additional Case Details
Additional Case Details
Filing Number: 107102/2019 Filing Date: 28-06-2019 First Hearing Date: 30th September 2019 Decision Date: 21st February 2024 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
1Final Order 121 Feb 2024
21 Feb 2024
Order Details: Other Pdf Text: 12 21/02/2024 SUM 796/19 Exh-6 Exh-7 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Not on board, taken on board. Mr. Shivaji Gangaram Arote, the plaintiff in person is present. Adv. B. S. Patil for plaintiff is present and filed an application for taking case on today's board. Taken on record. It is marked as Exh-6. O-Allowed. Counsel for the plaintiff also filed application for withdrawal of the suit. Taken on record. It is marked as Exh-7. Order below Exh-1 The counsel for plaintiff has filed an application at Exh-7 for withdrawal of summary suit. The plaintiff and his advocate are present. The plaintiff submitted that matter is settled between the parties out of court. Therefore, he does not want to proceed with the matter. In view of the submissions of plaintiff and his advocate and filing application for withdrawal of the suit at Exh-7, the suit No. 796 of 2019 is hereby stands disposed of, as withdrawn. The plaintiff is entitled to refund of court fees, if provided for in the rules. Judge -- 1 of 1 --
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