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SUMMARY CIVIL SUIT - SUMMARY SUIT

Abhishek Khare +1 moreVsShantaben G. Gandhi

CNR MHCC01011554201983-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 09th May 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100124/2022
Registration Date
18 Feb 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Abhishek Khare
    2. 2Khare Legal Chambers LLP

    Respondent

    1. 1Shantaben G. Gandhi

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 16-04-2022
Business: (Fresh matter assigned to this Court.)
Adv. Shirole for plaintiff present.
None for defendant.
Issue writ of summons to defendant.
Matter Adjd for service affidavit to 18.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Shirole  for plaintiff present.
Adv. Jeetendra Ahuja for defendant present.
Exh.02 - Service affidavit. O-seen.
Draft Notice of Motion alongwith affidavit in support tendered by Defendant.
Order - Leave is granted to register the Notice of Motion.
Copy of draft NM supplied to Adv. for plaintiff today in court.
Matter Adjd for tendering original registered NM and NM reply on 15/09/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Adv. R. P. Shirole for plaintiff present.
Adv. Jeetendra Ahuja for defendant present.
Ld. Adv. for defendant tendered original registered NM No.2695/22.
Ld. Adv. for plaintiff sought time for filing reply.
Matter Adjd for NM reply on 04/11/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff gave say on NM itself.
Matter Adjd for NM Hearing/Order on 08/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Shirole for pltff present.
Adv. Jitendra Ahuja for defendant present.
Exh.3 - Intimation of death for defendant. O-Seen. t.o.r
Copy fo Exh.3 served to pltff in court today.
Matter Adjd for Steps 06.02.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present.
Matter Adjd for taking steps on 31/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: None present.
Matter Adjd for taking steps on 22/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: P. O. is on Training.
Hence, Matter is Adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: None present.
Matter is fixed for taking steps. No adjournment application on record. This matter came before me first time.
Matter Adjd for steps to 16.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Both parties are absent when called.
Adv. Shirole for plaintiff is present.
Adv.  for defendant is absent.
Matter Adjd for NM hearing to 31.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: COURT IS VACANT
Matter is adjd to 05.04.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: P.O is on Training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: None present.
Matter is adjourned to 18.10.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: None present.
Matter is adjourned to 08.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: P.O is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: None present.
Matter is adjourned to 05.05.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: Adv. R. P Shirole for plaintiff present.
None for defendant.
ORDER BELOW NM 2695/22
By the present NM, defendant is seeking condonation of delay of 62 days in filing the Vakalatnama. The reason for delay is the defendant is aged 88 years old and suffering various chronic aliments since 2016 liver cirrhosis, primitive stage of cancer, poor state of sight and poor hearing capacity. Due to courts summer vacation from 09.05.2022 to 06.05.2022 and also her advocate was not available during the summer vacation there was delay. By filing reply overleaf the application is objected and prayer of dismissal with cost is prayed.
           None present for defendant to argue. Heard Adv. Shirole for plaintiff who submitted that he has no objection to allow the NM, subject to heavy cost. Gone through the medical certificates which at the stage goes to show that the defendant is aged 82 years and suffering from chronic liver disease and from breast cancer since last 5 years. The medical certificates and the discharge summary of Jaslok Hospital is during the period of the suit. Thus defendant had made out valid ground for the delay caused in filing vakalatnama. Hence, I am of the view that the delay needs to condoned, if not defendant will suffer irreparable loss. Hence, I proceed to pass following order -
ORDER
1. The NM 2695/2022 filed by defendant is allowed as prayed.
2. The delay of 62 days in filing Vakalatnama is condone and the VP is taken on record.
3. The NM No.2695/22 is disposed of.
Exh.04 - Vakalatnama of defendant.
Matter is adjourned to 22.08.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: None present.
Matter is adjourned to 15.11.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2025

Date: 15-11-2025
Business: Adv. R. Shirole for plaintiff present.
Matter is adjourned to 02.03.2026 for for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Adv. R. P. Shirole for plaintiff present through VC.
Matter is adjourned to 28.04.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Adv. R. P. Shirole for plaintiff present and prayed to keep the matter in lok-Adalat. Order - Be kept in Lok-Adalat.
Matter is adjourned to 09.05.2026 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: Matter pertaining to C.R. NO. 83
None present.
Matter Adjd to 08-07-20206for steps
later on at 11.04 am
Plaintiff is present through VC and submitted  that, the he wants to withdrawn the suit.
Adv Shirole for plaintiff is present and file copy of e-mail sent by plaintiff to withdraw the suit. TOR and marked Exh.04.
 None for defendant.
ORDER BELOW EXH.01
        Plaintiff is present through VC and his counsel is physically present. He filed e-mail at Exh.04 that he does not want to proceed with the matter and wants to withdraw the suit. Hence, I proceed the following order.
Order
1. Summary Suit No. 124/2022  is disposed off as withdrawn in view of pursis at Exh- 04.
2. Plaintiff  is entitled for refund of court fees as per rules, if provided for.
Adv. Rudra M. Dani                       H.H.J. SANGRAM S. SHINDE
    Panel Member                                    Panel Head
Nature Of Disposal: LOKADALAT
Disposal Date: 09-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112209/2019
Filing Date: 11-11-2019
First Hearing Date: 16th April 2022
Decision Date: 09th May 2026
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 May 2026
    Order Details: Order below exhibit
Pdf Text: Sr
No
09/05/2026 NATIONAL LOK-ADALAT HELD ON 09/05/2026 (Panel-XVIII)
6 SUM-
124/2022
Exh.04
Matter pertaining to C.R. NO. 83
None present.
Matter Adjd to 08-07-20206for steps
later on at 11.04 am
Plaintiff is present through VC and submitted that, the he wants to
withdrawn the suit.
Adv Shirole for plaintiff is present and file copy of e-mail sent by
plaintiff to withdraw the suit. TOR and marked Exh.04.
None for defendant.
ORDER BELOW EXH.01
Plaintiff is present through VC and his counsel is physically
present. He filed e-mail at Exh.04 that he does not want to proceed
with the matter and wants to withdraw the suit. Hence, I proceed the
following order.
Order
1. Summary Suit No. 124/2022 is disposed off as withdrawn in view of
pursis at Exh- 04.
2. Plaintiff is entitled for refund of court fees as per rules, if provided
for.
Adv. Rudra M. Dani H.H.J. SANGRAM S. SHINDE
Panel Member Panel Head
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