SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT
Mrs. Priti Mukesh TejuraVsMr. Mahesh H. Mehta and Ors.
CNR MHCC01011874201983-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 20th December 2025
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100265/2019
- Registration Date
- 21 Nov 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 06-12-2019
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. D. J. Jani for plaintiff present.
None present on behalf of defendant.
Adjd for NM arguments to 02/05/2020
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Business: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to lockdown, board is discharged.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
Today matter is for NM hearing.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for NM hearing to 04-03-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Jani for plaintiff present.
None for defendant.
Heard Adv. for plaintiff.
Exh. 5 - Application already filed dtd. 27/09/2019 for extension of time to comply the order dtd. 30/08/2019. O - Time granted till next date to comply the order dtd. 30.08.2019 passed in unregistered C.S.
The said unregistered C.S. is registered as CS No. 1666/2019 for statistical purpose. Hence the said C.S. is disposed of.
Matter adjd for Compliance of order dtd. 30/08/2019 and NM Hrg. 27/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
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.
Matter adjd for NM for hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Jani for plaintiff present.
None for defendant.
Ld adv for plaintiff sought time for compliance of order in CS no. 1666 of 19.
Chamber Summons no. 1666 of 2019 is already disposed of on 30-08-2019.
Matter adjd for compliance to 25-10-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Mr. Jani for plaintiff present.
None for defendant.
Time sought for compliance.
Matter adjd for Compliance to 16/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 25-10-2021
Business: Adv. Mr. Jani for plaintiff present.
None for defendant.
Time sought for compliance.
Matter adjd for Compliance to 16/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 25-10-2021
Business: Adv. Mr. Jani for plaintiff present.
None for defendant.
Time sought for compliance.
Matter adjd for Compliance to 16/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2022
Date: 16-12-2021
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2022
Date: 16-12-2021
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Time sought for compliance.
Matter Adjd for compliance on 06/04/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Matter Adjd for compliance to 23/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2022
Date: 06-04-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Matter Adjd for compliance to 23/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2022
Date: 06-04-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Matter Adjd for compliance to 23/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. D. J. Jani for plaintiff present.
Adv. S. E. Patel for defendant present.
Exh.05 - Application for discharge filed by adv. for defendant.
Order below Exh.01
The present application is filed by adv. for defendant for discharge from present matter. The Adv. for defendant issued notice to defendant but still defendant failed to give instructions. Hence application is allowed.
Ld. Adv. for defendant No.2 and 3 is discharged from the present matter.
Issue notice to defendant no.2 and 3.
Matter Adjd for compliance on 05/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff sought time.
Matter Adjd for compliance on 30/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022
Date: 05-08-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff sought time.
Matter Adjd for compliance on 30/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022
Date: 05-08-2022
Business: Adv. Jani for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff sought time.
Matter Adjd for compliance on 30/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Jani for plaintiff present.
None for defendant.
Matter Adjd for hearing on the point of exemption of pltff for reverification 01.10.2022.
Next Purpose: HEARING
Next Hearing Date: 01-10-2022
Date: 30-08-2022
Business: Adv. Jani for plaintiff present.
None for defendant.
Matter Adjd for hearing on the point of exemption of pltff for reverification 01.10.2022.
Next Purpose: HEARING
Next Hearing Date: 01-10-2022
Date: 30-08-2022
Business: Adv. Jani for plaintiff present.
None for defendant.
Matter Adjd for hearing on the point of exemption of pltff for reverification 01.10.2022.
Next Purpose: HEARING
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: None present.
Matter Adjd for hearing on 28/11/2022.
Next Purpose: HEARING
Next Hearing Date: 28-11-2022
Date: 01-10-2022
Business: None present.
Matter Adjd for hearing on 28/11/2022.
Next Purpose: HEARING
Next Hearing Date: 28-11-2022
Date: 01-10-2022
Business: None present.
Matter Adjd for hearing on 28/11/2022.
Next Purpose: HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Coram: H.H.J. Smt. R.K. Kshirsagar, City Civil Court, Mumbai.(C.R.13)
Adv. Jani for plaintiff present.
None for defendant.
Heard advocate for plaintiff.
Matter is adjd for order on 19-12-2022
Next Purpose: ORDER
Next Hearing Date: 19-12-2022
Date: 28-11-2022
Business: Coram: H.H.J. Smt. R.K. Kshirsagar, City Civil Court, Mumbai.(C.R.13)
Adv. Jani for plaintiff present.
None for defendant.
Heard advocate for plaintiff.
Matter is adjd for order on 19-12-2022
Next Purpose: ORDER
Next Hearing Date: 19-12-2022
Date: 28-11-2022
Business: Coram: H.H.J. Smt. R.K. Kshirsagar, City Civil Court, Mumbai.(C.R.13)
Adv. Jani for plaintiff present.
None for defendant.
Heard advocate for plaintiff.
Matter is adjd for order on 19-12-2022
Next Purpose: ORDER
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present.
Order below Exh.01
Heard Ld. Adv. For plaintiff and perused the citation, 2001(2) Bom C.R.141, In view of the observation, reverification is exempted for compliance of order in Chamber summons No.1666 of 2019 only for the purposes of correction in the cause title of the suit.
Matter Adjd for compliance on compliance on 14/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: None present.
Matter Adjd for compliance on 13/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2023
Date: 14-02-2023
Business: None present.
Matter Adjd for compliance on 13/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2023
Date: 14-02-2023
Business: None present.
Matter Adjd for compliance on 13/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Jani for plaintiff present.
None present for defendant.
Time sought for compliance. Time granted.
Matter Adjd for compliance on 30/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2023
Date: 13-04-2023
Business: Adv. Jani for plaintiff present.
None present for defendant.
Time sought for compliance. Time granted.
Matter Adjd for compliance on 30/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2023
Date: 13-04-2023
Business: Adv. Jani for plaintiff present.
None present for defendant.
Time sought for compliance. Time granted.
Matter Adjd for compliance on 30/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: P. O. is on training.
Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023
Date: 30-06-2023
Business: P. O. is on training.
Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023
Date: 30-06-2023
Business: P. O. is on training.
Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Both parties are absent when called.
Adv. Pankaj Bhatt for plaintiff is present.
None present for defendant.
Exh.6 -Adv. for the plaintiff filed application for permission to amend the plaint. TOR and marked at Exh.6.
O.-Allowed.
Plaintiff carried out the amendment. Hence, adjourned for filing amended copy on record.
Matter Adjd for compliance to 13.10.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023
Date: 19-08-2023
Business: Both parties are absent when called.
Adv. Pankaj Bhatt for plaintiff is present.
None present for defendant.
Exh.6 -Adv. for the plaintiff filed application for permission to amend the plaint. TOR and marked at Exh.6.
O.-Allowed.
Plaintiff carried out the amendment. Hence, adjourned for filing amended copy on record.
Matter Adjd for compliance to 13.10.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023
Date: 19-08-2023
Business: Both parties are absent when called.
Adv. Pankaj Bhatt for plaintiff is present.
None present for defendant.
Exh.6 -Adv. for the plaintiff filed application for permission to amend the plaint. TOR and marked at Exh.6.
O.-Allowed.
Plaintiff carried out the amendment. Hence, adjourned for filing amended copy on record.
Matter Adjd for compliance to 13.10.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023
Date: 13-10-2023
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2024
Date: 06-12-2023
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2024
Date: 06-12-2023
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: As court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024
Date: 07-05-2024
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024
Date: 07-05-2024
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: None present.
Roznama reveals that matter is pending for compliance since 06.09.2021, however, till date no any compliance is made. Matter is of the year 2015. Hence keep for dismissal order next date.
Matter is adjourned to 03.09.2024 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2024
Date: 23-07-2024
Business: None present.
Roznama reveals that matter is pending for compliance since 06.09.2021, however, till date no any compliance is made. Matter is of the year 2015. Hence keep for dismissal order next date.
Matter is adjourned to 03.09.2024 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2024
Date: 23-07-2024
Business: None present.
Roznama reveals that matter is pending for compliance since 06.09.2021, however, till date no any compliance is made. Matter is of the year 2015. Hence keep for dismissal order next date.
Matter is adjourned to 03.09.2024 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. D. J.Jani present for plaintiff and filed pursis Taken on record and marked as Exh.07 alongwith copy of amended plaint. O- filed. In view of compliance been made, the caption of dismissal be removed.
Matter is adjourned to 18-09-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2024
Date: 03-09-2024
Business: Adv. D. J.Jani present for plaintiff and filed pursis Taken on record and marked as Exh.07 alongwith copy of amended plaint. O- filed. In view of compliance been made, the caption of dismissal be removed.
Matter is adjourned to 18-09-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2024
Date: 03-09-2024
Business: Adv. D. J.Jani present for plaintiff and filed pursis Taken on record and marked as Exh.07 alongwith copy of amended plaint. O- filed. In view of compliance been made, the caption of dismissal be removed.
Matter is adjourned to 18-09-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: Adv. Jani for plaintiff present and filed an application for Adjournment taken on record and marked as Exh.08
Order - Granted.
Matter is adjourned to 04.11.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2024
Date: 18-09-2024
Business: Adv. Jani for plaintiff present and filed an application for Adjournment taken on record and marked as Exh.08
Order - Granted.
Matter is adjourned to 04.11.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2024
Date: 18-09-2024
Business: Adv. Jani for plaintiff present and filed an application for Adjournment taken on record and marked as Exh.08
Order - Granted.
Matter is adjourned to 04.11.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: Adv. Jani for plaintiff is present.
The plaintiff Mrs. Priti Tejura present and filed her evidence affidavit along with list of documents. Taken on record. They are marked as Exh-9 and 10 respectively. O-Evidence affidavit is read and recorded.
Matter is adjourned to 10.01.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-01-2025
Date: 04-11-2024
Business: Adv. Jani for plaintiff is present.
The plaintiff Mrs. Priti Tejura present and filed her evidence affidavit along with list of documents. Taken on record. They are marked as Exh-9 and 10 respectively. O-Evidence affidavit is read and recorded.
Matter is adjourned to 10.01.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-01-2025
Date: 04-11-2024
Business: Adv. Jani for plaintiff is present.
The plaintiff Mrs. Priti Tejura present and filed her evidence affidavit along with list of documents. Taken on record. They are marked as Exh-9 and 10 respectively. O-Evidence affidavit is read and recorded.
Matter is adjourned to 10.01.2025 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: P.O is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2025
Date: 10-01-2025
Business: P.O is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2025
Date: 10-01-2025
Business: P.O is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: Matter is adjourned to 24.03.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Adv. D. J. Jani for plaintiff present.
None for defendant present.
Matter is adjourned to 22.04.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2025
Date: 22-04-2025
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2025
Date: 22-04-2025
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: None present.
ORDER BELOW EXH.01
The suit is of the year 2015 and in target list. Today it is for final argument. However, neither plaintiff not her advocate present. Considering the old nature of suit it will be posted on 30.06.2025 for final argument. If advocate of plaintiff fails to argue, appropriate order will be passed.
Matter is adjourned to 30.06.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Adv. D. J. Jani for plaintiff present and advanced final argument.
Matter is adjourned to 04.07.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: Adv. D. J. Jani for plaintiff present.
ORDER BELOW EXH.01
Today the matter fixed for judgment. However, while going to the file and roznama it revealed that defendant No.1 died and amendment to that effect was carried out. The roznama dt.30.08.2019 reveals the plaintiff filed draft SJ, however, due typing mistake, instead of draft SJ, it was typed as draft Ch/s. The original SJ No.265/2019 was filed on 06.12.2019. However, no any service affidavit of SJ was filed on record and the stage wrongly continued for NM hearing though NM No.4089/2016 was allowed on 30.08.2019 itself and compliance. Further record reveals by an application Exh.05 dt.23.06.2022, Adv. S. E. Patel for defendant No.2 and 3 filed discharged from the matter. The application was allowed and notice on court motion was issued to defendant No.2 and 3. However, no any report of service is filed on record to show the defendant No.2 and 3 were served with the notice. The plaintiff filed her evidence affidavit and in absence of the defendant the matter proceeded further.
Thus the defendant No.1 and 2 are necessary to be served with the notice so also with the copy of SJ. As discussed above the service affidavit of SJ is not filed on record by plaintiff. Thus valuable right to defend the suit will be robbed if the defendant No.1 and 2 are not served before passing the judgment. Hence, issuance fresh notice on court motion to defendant No.1 and 2.
Matter is adjourned to 24.07.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-07-2025
Date: 04-07-2025
Business: Adv. D. J. Jani for plaintiff present.
ORDER BELOW EXH.01
Today the matter fixed for judgment. However, while going to the file and roznama it revealed that defendant No.1 died and amendment to that effect was carried out. The roznama dt.30.08.2019 reveals the plaintiff filed draft SJ, however, due typing mistake, instead of draft SJ, it was typed as draft Ch/s. The original SJ No.265/2019 was filed on 06.12.2019. However, no any service affidavit of SJ was filed on record and the stage wrongly continued for NM hearing though NM No.4089/2016 was allowed on 30.08.2019 itself and compliance. Further record reveals by an application Exh.05 dt.23.06.2022, Adv. S. E. Patel for defendant No.2 and 3 filed discharged from the matter. The application was allowed and notice on court motion was issued to defendant No.2 and 3. However, no any report of service is filed on record to show the defendant No.2 and 3 were served with the notice. The plaintiff filed her evidence affidavit and in absence of the defendant the matter proceeded further.
Thus the defendant No.1 and 2 are necessary to be served with the notice so also with the copy of SJ. As discussed above the service affidavit of SJ is not filed on record by plaintiff. Thus valuable right to defend the suit will be robbed if the defendant No.1 and 2 are not served before passing the judgment. Hence, issuance fresh notice on court motion to defendant No.1 and 2.
Matter is adjourned to 24.07.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-07-2025
Date: 04-07-2025
Business: Adv. D. J. Jani for plaintiff present.
ORDER BELOW EXH.01
Today the matter fixed for judgment. However, while going to the file and roznama it revealed that defendant No.1 died and amendment to that effect was carried out. The roznama dt.30.08.2019 reveals the plaintiff filed draft SJ, however, due typing mistake, instead of draft SJ, it was typed as draft Ch/s. The original SJ No.265/2019 was filed on 06.12.2019. However, no any service affidavit of SJ was filed on record and the stage wrongly continued for NM hearing though NM No.4089/2016 was allowed on 30.08.2019 itself and compliance. Further record reveals by an application Exh.05 dt.23.06.2022, Adv. S. E. Patel for defendant No.2 and 3 filed discharged from the matter. The application was allowed and notice on court motion was issued to defendant No.2 and 3. However, no any report of service is filed on record to show the defendant No.2 and 3 were served with the notice. The plaintiff filed her evidence affidavit and in absence of the defendant the matter proceeded further.
Thus the defendant No.1 and 2 are necessary to be served with the notice so also with the copy of SJ. As discussed above the service affidavit of SJ is not filed on record by plaintiff. Thus valuable right to defend the suit will be robbed if the defendant No.1 and 2 are not served before passing the judgment. Hence, issuance fresh notice on court motion to defendant No.1 and 2.
Matter is adjourned to 24.07.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Adv. D. J. Jani for plaintiff present.
Order - Compliance of Order dt.04.07.2025 is not made. Hence, CC to comply it.
Matter is adjourned to 21.08.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: None present.
Matter is adjourned to 28.08.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: None present.
Matter is adjourned to 25.09.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: Plaintiff present.
Adv. D. J. Jani for plaintiff present.
None for defendant.
Order - In view of the detail order on 04.07.2025 Adv. Jani is directed to Issue fresh notice to defendant No.2 and 3 by RPAD.
Matter is adjourned to 01.11.2025 for Report.
Next Purpose: REPORT
Next Hearing Date: 01-11-2025
Date: 01-11-2025
Business: Plaintiff present.
Adv. D. J. Jani for plaintiff present.
None for defendant.
Order - While passing below Exh.01 on 04.07.2025, instead of serving notice by court motion to defendant No.2 and 3, due to oversight it was typed as defendant No.1 and 2 though defendant No.1 died and was deleted. Hence, correction is carried out accordingly.
Adv. Jani filed service affidavit along with postal receipt and envelope. Taken on record and marked as Exh.24. Order - Perusal of the postal remark on envelope goes to show that the addressee left without instruction. As per the detail order below Exh.01 dt.04.07.2025, defendant No.2 and 3 are necessary to be heard before passing any adverse order against them. Hence, plaintiff to take steps.
Adv. Jani in compliance of the direction filed an application for issuing notice by way of paper publication in daily Dainik Bhaskar (Rajsamand Edition, Rajasthan.) taken on record and marked as Exh.25. Order - Allowed as prayed.
Matter is adjourned to 10.12.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Plaintiff present.
Adv. D. J. Jani for plaintiff present and filed affidavit of service along with paper publication. Taken on record and marked as Exh.26. Order - Vide on order dt.04.07.2025 direction was given to serve defendant No.2 and 3 as no any service affidavit was filed. In compliance it today the paper publication is filed. The defendant No.2 and 3 failed to appear. Hence, suit to proceed Ex-parte against them.
Matter is adjourned to 20.12.2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: Disposed of
Nature Of Disposal: DECREED
Disposal Date: 20-12-2025Additional Case Details
Additional Case Details
Filing Number: 112451/2019 Filing Date: 21-11-2019 First Hearing Date: 06th December 2019 Decision Date: 20th December 2025 Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE
Orders
1Final Order 120 Dec 2025
20 Dec 2025
Order Details: Other Pdf Text: 20.12.2025 Sr. No.10 CORAM : H. H. J. N. B. Lavte, City Civil Court, Mazgaon, Mumbai, Judge (C. R. No. 83). Sum Su 384/15 NM 4089/16 SJ 265/19 P.O.A of plaintiff present. Adv. D. J. Jani for plaintiff present. F. R.S.R. following order is passed. ORDER 1. The Sum Su No.384/2015 is decreed with cost. 2. The defendant No.2 and 3 are jointly and severally directed to pay to plaintiff an amount of Rs.56,42,500/- (Rs. Fifty Six Lakh Forty Two Thousand Five Hundred only) with 18% p.a on the principal amount of Rs.37,00,000/- (Thirty Seven lakh Only) to plaintiff from the date of filing of the suit till realization. 3. The NM No.4089/2016 is disposed of accordingly. 4. The SJ No.265/2019 is disposed of accordingly. 5. The decree be drawn up accordingly. 6. The R and P be sent to record department. Judge -- 1 of 1 --
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