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SUMMARY CIVIL SUIT - SUMMARY SUIT

Dineshkumar Sampatraj MehtaVsVeer Sing Tomar

CNR MHCC01010119201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 13th March 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101197/2019
Registration Date
30 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Dineshkumar Sampatraj Mehta

    Respondent

    1. 1Veer Sing Tomar

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-02-2020
Business: Adv for plaintiff Mr.Tripathi present.
Adv for deft Mr.Pandey present.
Adv for plff. has not objection for taking VP of defendant on record.
Matter is Adjd for Steps to 21.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
Adv. Mr. Tripathi for Plaintiff present.
None Present for defendant.
Matter is Adjd for steps on 30.07.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 14.12.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 05.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present.
Matter adjd for directions on 19.06.2021.
LO at 11.55 a.m.
Adv. Tripathi for plaintiff is present and tendered original registered SJ No. 50/21.
Adv.for plaintiff to serve the copy of SJ upon the Adv.for the defendant.
Matter adjd for reply on 19.06.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: In view of Circular no.106/2021 dated 14/6/2021, all Courts shall remain closed on every Saturday, hence matter of 19/6/2021 is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 20.09.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Court is vacant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Plaintiff and defendant absent.
Adv. Tripathi for plaintiff is present.
Matter is adjd for SJ hearing to 22.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: HHJ is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Tripathi for Plaintiff present.
Adv. Khusbu Pathak for Defendant present.
Both the learned Advocate submits that there are chances of amicable settlement in the matter.  In view of the said statement matter, be referred to mediation.
Matter adjourned to 03.10.2022 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Plaintiff and his advocate are absent.
Adv.Prem Kumar R.Pandey for defendant present and submits that as parties could not appear before the Ld. mediator, the mediation failed.  He submits that yesterday he has got instructions from his client that he is willing to settle the matter.
In view of the said submission time granted for settlement.
Matter is adj to 19/10/2022 for filing settlement terms.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: As court is busy in dictating order in SJ No.68/2019 in Summary Suit No.669/2019, matter is adj to 01/12/2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Report of failed mediation received (Exh-3) O-Filed.
Adv.Tripathi for plaintiff present.
Adv.Sneha Mishra h/f Adv.Prem Kumar Pandey for defendant present.  She submits that the parties could not yet settle the matter.
Mr.Tripathi submits that some time may be granted as a last chance to the parties for amicable settlement.
In view of the submission, matter is adj to 30/01/2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv.Tripathi for plaintiff present.
Adv.Khushboo Pathak h/f Adv.Prem K.Pandey for defendant  present.
Both the Ld.Adv. for parties, matter is likely to be settled amicably by 22/02/2023, therefore matter on 22/02/2023.
In view of request made, matter is adj to 22/02/2023 for settlement
Next Purpose: SETTLEMENT
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Plaintiff and his Adv.Tripathi are present.
Adv.K.Ajesh Ganesh h/f Adv.Prem Pandey for defendant present.
Both the Ld. Advocates submits that the matter is about to settle amicably.  Plaintiff has received part payment. They seeks some time final settlement.
In view of the request made, matter is adj to 13/03/2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Krishnagopal Tripathi for plaintiff present.
Adv.Khushboo Pathak for defendant present.
At the request of advocate for plaintiff matter is kept back.
Matter called out at 4.46pm
Adv.Tripathi for plaintiff present.   He filed application for withdrawal of the suit (Exh-4)
Ld.Adv.Tripathi for plaintiff submits that defendant has paid  Rs.1,25,000/- towards full and final settlement.  He also filed copy of email received from client in that regard.
He thus submits that plaintiff no more wish to proceed with the suit.
Adv.Khushboo Pathak for defendant present.
In view of the same, I pass following order-
                             ORDER
1.Summary Suit No.1197/19 is permitted to withdrawn unconditionally.
2. Pending SJ No.50 of 2021 also stands disposed.
3. Plaintiff is entitled for refund of court fees, as per the rules.
4. Summary Suit No.1197/19 is disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 13-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110716/2019
Filing Date: 01-10-2019
First Hearing Date: 03rd February 2020
Decision Date: 13th March 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Mar 2023
    Order Details: Other
Pdf Text: 09
13/03/2023
SUM 1197/19
SJ 50/21
Exh4
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv.Krishnagopal Tripathi for plaintiff present.
Adv.Khushboo Pathak for defendant present.
At the request of advocate for plaintiff matter is kept back.
Matter called out at 4.46pm
Adv.Tripathi for plaintiff present. He filed application for
withdrawal of the suit (Exh4)
Ld.Adv.Tripathi for plaintiff submits that defendant has paid
Rs.1,25,000/ towards full and final settlement. He also filed copy
of email received from client in that regard.
He thus submits that plaintiff no more wish to proceed with the
suit.
Adv.Khushboo Pathak for defendant present.
In view of the same, I pass following order
ORDER
1.Summary Suit No.1197/19 is permitted to withdrawn
unconditionally.
2. Pending SJ No.50 of 2021 also stands disposed.
3. Plaintiff is entitled for refund of court fees, as per the rules.
4. Summary Suit No.1197/19 is disposed of accordingly.
Judge
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