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SUMMARY CIVIL SUIT - SUMMARY SUIT

Shri. Vyankatesh Yellappa KunchikorveVsShri. Deepak R. Jadhav

CNR MHCC01010220201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th January 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101099/2019
Registration Date
16 Nov 2019

Advocates

1

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: 20-01-2020
    Business: Court is busy in passing order in N/M 3457/2019 in SUM 303/2017. Hence, Board is discharge.
    Adv for plaintiff Mr.Patil present.
    None for the defendant.
    Matter is Adjd for Report to 08.04.2020.
    Next Purpose: REPORT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 18.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Matter adjd for report on 07.05.2021.
    Next Purpose: REPORT
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Balbheem Patil for the plff present.
    Matter is adjd to 17.09.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: None present.
    Matter is adjd for  report on 19-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: REPORT
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: None for Plaintiff.
    Service affidavit not filed.
    Matter adjourned to 14.10.2022 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: PO IS ON LEAVE
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None for plaintiff. No affidavit of service filed. No steps are taken since long time hence, keep the matter for dismissal order.
    Matter is adj to 04.03.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Balbheem Patil for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Matter called out at 2.58pm
    Adv.Balbheem Patil for plaintiff present.   He filed  application (Exh--) for removal of the matter from dismissal caption
    Heard Ld. Adv. for plaintiff considering the delay caused in the suit, application allowed subject to cost of Rs.1,000/-(Rupees One Thousand Only).  Cost to be deposited to DLSA, Mumbai within two weeks from today.
    Matter is adj to 03/05/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy in dictating judgment in Sessions Case No.571 of 2020 and Suit No.8098 of 2001, remaining first session board is discharged. Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 11/08/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    As morning court time is over, Matter is adj to 04.10.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Balbhim Patil for plaintiff is present and requested for adjournment for serving writ of summons. Adjournment is granted.
    Matter is adj to 30.11.2023 for taking steps/filing service affidavit.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps to serving 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)
    Adv. B. S. Patil for plaintiff is present and filed an application for removal of caption dismissal. Taken on record. It is marked as Exh-3. O-Allowed. Caption of dismissal is removed.
    Counsel for plaintiff filed an affidavit of service. Taken on record. It is marked as Exh-4.
    On perusing affidavit of service, it appears that writ of summons is served on the defendant on 09.01.2020, as per bailiff report and plaintiff has filed affidavit of service today. The plaintiff is directed to re-issue writ of summons to the defendant.
    Matter is adj to 08.05.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: P.O. IS ON LEAVE
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 18.10.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 28.01.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 24.07.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The matter is very old. The plaintiff is given last chance to take steps.
    Matter is adj to 17.09.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2025
    
    Date: 17-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 12.11.2025 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff was given last chance to file affidavit of service. Plaintiff filed to file affidavit of service. Hence, matter is kept for dismissal order.
    Matter is adj to 17.01.2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    The plaintiff and his advocate are absent. On perusing record, it appears that suit is filed on 05.10.2019. The matter is adjourned for filing affidavit of service since 08.04.2020  till date. On 16.03.2024, plaintiff has filed affidavit of service at Exh-4. On perusing said affidavit of service, it appears that writ of summons is served on defendant on 09.01.2020, as per bailiff report. However, said report was filed on 16.03.2024 i.e. after 4 years. Therefore, plaintiff was directed to re-serve writ of summons to the defendant. However, it appears that plaintiff has not taken any steps.  The plaintiff was given last chance to take steps on 12.11.2025. The plaintiff failed to take the steps. It appears that plaintiff is not interested in conducting the matter.  Therefore, no purpose will serve by keeping the matter pending. Hence, I proceed to pass following order-
    Order
           Summary Suit No.1099/2019 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 110901/2019
    Filing Date: 05-10-2019
    First Hearing Date: 20th January 2020
    Decision Date: 17th January 2026
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Jan 2026
    Order Details: Other
    Pdf Text: 17
    17/01/2026
    SUM
    1099/19
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    The plaintiff and his advocate are absent. On perusing
    record, it appears that suit is filed on 05.10.2019. The matter
    is adjourned for filing affidavit of service since 08.04.2020
    till date. On 16.03.2024, plaintiff has filed affidavit of service
    at Exh-4. On perusing said affidavit of service, it appears that
    writ of summons is served on defendant on 09.01.2020, as
    per bailiff report. However, said report was filed on
    16.03.2024 i.e. after 4 years. Therefore, plaintiff was
    directed to re-serve writ of summons to the defendant.
    However, it appears that plaintiff has not taken any steps.
    The plaintiff was given last chance to take steps on
    12.11.2025. The plaintiff failed to take the steps. It appears
    that plaintiff is not interested in conducting the matter.
    Therefore, no purpose will serve by keeping the matter
    pending. Hence, I proceed to pass following order:-
    Order
    Summary Suit No.1099/2019 is hereby dismissed in
    default.
    Judge
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