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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Kalpesh Chunilal GadaVsM/S Erina

CNR MHCC01010400201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101149/2019
Registration Date
22 Nov 2019
Next Hearing Date
29 Oct 2026
Case Stage
ARGUMENTS

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: 27-01-2020
    Business: Adv. Haresh Gada present for Plaintiff
    EX.1- Plaint
    EX.2-V/p
    EX.3- Memorandum of address.
    EX.4- List of documents.
    EX.5-He filed service affidavit walongwith Orignal writ of summons. Tor. Exh-5.
    The Summons has not been served on the defendant.
    Hence plaintiff to take steps.
    Adjd for steps to 24-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present.
    Adjd to 22-02-2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: PO is on special leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. H. N. Gada for the plaintiff present and requested date.
    None for defendants.
    Matter is adjd. to 10/01/2022 for steps of service.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Advocate Gada for plaintiff. He filed application for substituted service of Writ of summons by pasting on publication. T.O.R. marked as Exh-6.
    kept for order on application Exh-6.
    As per Office order 07 of 2022 dated 07-01-2022.
    Matter is adjd. to 02-03-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: None present.
    Matter is adjd. for service  to 29-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Haresh Gada for Plaintiff present.
    None present for defendant.
    Adjd to 16/09/2022 for service affidavit
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Matter pertains to C.R. no. 15.
    Adv. Haresh Gada for plaintiff present.
    Exh. 07 Service affidavit. O. Seen.
    Order below Exh. 01
    In view of Exh. 07, the defendant was duly served with writ of summons, but he failed to appear. Hence to proceed Ex-parte against defendant.
    Matter adjd for ex-parte evidence on 22/02/2023
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is vacnat
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Matter pertains to C.R.No.15
    Adv. Atharva Nalawade for Applicant in NM present.
    None present for defendant.
    On the oral request by Ld. Adv. for applicant, the earlier order is continue till next date.
    Matter Adjd for NM Hearing on 17/07/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: None present.
    Matter stands adjourned to Ex-parte evidence on  03-08-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: None present.
    Matter stands adjourned for dismissal on 20-10-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: A presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: None present.
    KB.
    L.O. at 12.10 pm.
    Adv. Haresh Gada present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for dismissal on 16-02-2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-02-2024
    
    Date: 16-02-2024
    Business: None present.
    KB.
    L.O. at 4.30 pm.
    None present.
    Matter stands adjourned for dismissal on 12-04-2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: Plaintiff (Kalpesh Gada) alongwith Adv.Haresh Gada present, tendered affidavit of evidence along with compilation of documents TOR marked as Exh.08 and Exh.09.
    He also tendered 65B certificate TOR marked as Exh.10.
    None present for defendant.
    Matter stands adjourned for marking of documents on 29-07-2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: None present.
    Kept back.
    Adv. Haresh Nanji gada present for plaintiff.
    None present for defendant.
    The following documents are exhibited under the list Exh.10.
    The Document at Sr.No.1 is the Tax Invoice No.29 TOR marked as Exh.11.
    The Document at Sr.No.2 is the Tax Invoice No.92 TOR marked as Exh.12.
    The Document at Sr.No. 3 is the Tax Invoice No.98 TOR marked as Exh.108 TOR marked as Exh.13.
    The Document at Sr.No. 4 is the Tax Invoice No.108 TOR marked as Exh.14.
    The Document at Sr.No. 5 is the Tax Invoice No.112 TOR marked as Exh.15.
    The Document at Sr.No.7 is the Notice dated 24.07.2019 alongwith postal receipts and India Post track consignment report TOR marked as Exh.16.
    Matter stands adjourned for R/E on 23-08-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: None present.
    Kept back.
    L.O. at 1.45 pm.
    Adv. Haresh Gada present for plaintiff, tendered evidence closing pursis TOR marked as Exh.17.
    None present for defendant.
    Matter stands adjourned argument on 05-10-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: None present.
    Kept back.
    Later On at 4.45 pm.
    None present.
    Matter stands adjourned for argument on 29-11-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: Adv. Haresh Gada present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    Matter stands adjourned for further arguments on 13-12-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: None present.
    Kept back.
    Later on at 1.10 pm
    Adv. Haresh Gada present for plaintiff.
    None present for defendant.
    On scrutiny of record, it reveals that the plaintiff is claiming part payment towards due amount. The last part payment of Rs.7,000/- was made on 31/12/2018, but there is no proof of such payment made by defendant, hence, plaintiff to argue on the point of limitation and proof of part payment made by defendant.
    Matter stands adjourned to 30.01.2025 for argument on the point of
    limitation and proof of part payment made by defendant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: P. O. is on Leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: None present.
    Kept back.
    Later on at 12.20 pm.
    Adv. Haresh Gada present for plaintiff, tendered application to file additional list and documents TOR marked as Exh.18 and Exh.19.
    Matter stands adjourned to 01-08-2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-08-2025
    
    Date: 01-08-2025
    Business: Adv. Haresh Gada present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned to 08-09-2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: P. O. is on Leave. Matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-10-2025
    
    Date: 16-10-2025
    Business: None present.
    Kept back.
    Later on at 12.05 pm.
    Adv. Haresh Gada  present for plaintiff.
    None present for defendant.
    Matter stands adjourned to 11-12-2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2025
    
    Date: 11-12-2025
    Business: None present.
    Matter stands adjourned to 08-01-2026  for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: None present.
    The present  matter is under the caption of final arguments, the age of the suit is  07 yrs. If argument is not made today then deem be closed for judgment.
    Matter stands adjourned to 23-01-2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: Adv. Haresh Gada is present for plaintiff sought time to take steps.  In view of my ld. Predecessor query.
    None is present for defendant.
    Matter stands adjourned for arguments to 18.02.2026.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: The court was busy in hearing 37 yrs old matter suit no. 255/88.Hence, rest of the board stands discharged.
    Matter stands adjourned to 28-04-2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-04-2026
    
    Date: 28-04-2026
    Business: As Court is busy in hearing final arguments in Suit No.9678/1990 along with Counter Claim 13/2025 (which is more than 35 years old), the rest of the Civil Board stands discharged.
    Matter stands adjourned to 28.07.2026 for
    arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-07-2026
    
    Date: 28-07-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    Adv. Haresh Gada for plaintiff present.
    Adv. filed compilation of additional document. Exh-
    The document are account extract issued HDFC bank.
    Plaintiff directed to file certificate u/s 63 of the B.N.S.
    Matter adjourned to 24.08.2026 for filing of document/Argument.
                                                                                                    Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: Adv. Haresh Gada for plaintiff present.
    As the court is busy in dictating the order in Summary suit no. 726/2023.
    Matter adjourned to 21.09.2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-09-2026
    
    Date: 21-09-2026
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 111132/2019
    Filing Date: 11-10-2019
    First Hearing Date: 27th January 2020
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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