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SUMMARY CIVIL SUIT - SUMMARY SUIT

MR. SANTOSH NAGURAO GADGEVsMr. Vishwanath Dagdu Sakpal

CNR MHCC01010109201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 27th August 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101152/2019
Registration Date
20 Nov 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: 24-01-2020
    Business: Adv. Mr. Taral for plaintiff present.
    Adv. for plaintiff filed affidavit of service. t.o.r.
    The affidavit of service of Bailiff Kisan naik shows that the writ of summons is duly served to defendant on 17.12.2019. The defendant failed to file appearance within 10 days of writ of summons. Hence suit to proceed ex-parte against defendant.
    Adjd for ex-parte arguments to 29/02/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. B. S. Patil for plaintiff present.
    Adjd for arguments to 28/03/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 13
    Nobody present.
    Adjd. to 07-04-2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    He seeks time for exparte argument.
    Matter adjd for exparte argument to 23-04-2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff already filed affidavit of service (exhibited today) t.o.r. O- Seen.
    Ex.03   Ld adv for plaintiff filed affidavit of evidence t.o.r.
    O- R and R.
    Ex.04   Ld Adv for plaintiff filed list of documents t.o.r. O- Seen and filed.
    Original documents be exhibited.
    Ex.05   Demand Promissary note t.o.r.
    Ex.06 colly.   Legal Notice dated 07-05-2019 along with two postal receipts and two acknowledgement cards.
    Ex.07   Ld Adv for plaintiff filed evidence closing pursis t.o.r.
    O-Seen.
    Heard ld adv for plaintiff.
    Matter adjd for exparte judgment to 27-08-2021.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    Ex.08   Judgment.
    F.R.S.R. following order in Summary suit no. 1152 of 2019 is passed-
    ORDER
    1.   The Summary Suit no. 1152 of 2019 is decreed with costs.
    2.   The defendant shall pay the sum of Rs. 3,00,000/-(Rs. Three Lakh only) to the plaintiff within three months of this order.
    3.   Decree be drawn up accordingly.
    4.   Court fee be refunded to the plaintiff if any as per rules.
    5.   Judgement dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 27-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 110760/2019
    Filing Date: 03-10-2019
    First Hearing Date: 24th January 2020
    Decision Date: 27th August 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Aug 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010101092019 Presented on : 03102019 Registered on : 20112019 Decided on : 27082021 Duration : 1 years, 10 months, 24 days EXH.08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 1152 OF 2019 Mr. Santosh Nagurao Gadge of Mumbai an adult Indian Inhabitant, aged 27 years, Occupation Money Lender, carrying said money lending business at Room No.4, N.M. Gadge Chawl, Makadwala Compound, Jai Shankar Chowk, HalavPool Road, Kurla (W), Mumbai 400…

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