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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mithal Kailashkumar Kothari through its constituted Attorney Mr. Kailashkumar KothariVsMr. Jayant Dhirajlal Doshi

CNR MHCC01011955201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
101190/2018
Registration Date
16 Oct 2018
Next Hearing Date
24 Sept 2026
Case Stage
DISMISSAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 15-12-2018
    Business: As the Court is on Leave Board is discharged and the matter stands adjd to 06.03.19
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. Pranali Dixit for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 26/04/2019 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Adv for plaintiff Ms.Bindu Thomas present
    Adv for plaintiff filed affidavit of Service, postal track report showing that defendant is served with suit summons
    O-It appears defendant fail to appear in the suit.  Therefore, suit to proceed exparte against deft
    Matter is Adjd for Exparte Evidence to 08/07/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. Ramesh Sawant for plaintiff present.
    None present for defendant.
    On his oral request, adjd. for reply on ch/s to 05.09.2019.
    LO
    Adv. Ganesh Murty for defendant present.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Adv. Ramesh Sahu for plaintiff present.
    Adv. Ganesh Murthy for deft present.
    Registered Chs No. @ affidavit filed by Adv. for deft.
    Reply to Chs filed by Adv. for plaintiff.
    Adjd. to 18.10.2019 for hearing of Chs.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Ramesh Sahu for plaintiff present.
    Adv. Ganesh Murthy for deft. Present.
    Heard argument on Ch/s
    KB for Ch/s order.
    LO
    FRSR following order is passed.
                  ORDER
    Chamber Summons No. 1132 of 2019 is allowed.
    Disposal Date: 18-10-2019
    
    Date: 19-10-2019
    Business: Adjd to 09.01.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. Amol Sakpal for plaintiff.
    Adv. Ganesh Murthy for defendant.
    Advocates on behalf of both the parties submitted that compliance to the order dtd.18.10.2019 has been made. Hence, appearance of the defendant and Vakalatnama filed on behalf of the defendant today be t.o.r.
    Adjd for steps to 24.03.2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: P. O. is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Vilas Bane for plaintiff present
    Adv. Ganshmuthy for defendant present.
    Matter is adjd to 15.11.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv Suryansh Shukla present for the plaintiff.
    Adv Ganesh Murti present for the defendant.
    Ld advocate for the defendant has received the copy of SJ.
    Adv for the plaintiff filed draft Ch/s a/w affidavit TOR O- In view of direction issued by the Hon\''ble High Court regarding limitation period leave to register is granted.  Copy serve to other side.
    Matter is adjd to 13.12.2021 for reply to SJ.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Shukla for plaintiff present and tendered registered SJ No.184/2021 alongwith affidavit in support. t.o.r.
    Adv.  Ganesh Murti for the defendant present and filed reply to SJ No.184/2021. t.o.r.
    Matter is adjd. to 24/01/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 21/02/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Advocate Rizwan Ahmed for plaintiff present.
    None for defendant.
    Advocate of plaintiff request to date.
    Matter is adjd. to 15-03-2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Adv. Rizwan Ahemad for plaintiff present.
    Adv. Ganesh Murti for defendant present.
    kb
    Later on
    By consent of both advocate.
    Matter is adjd. for  SJ hearing to 31-03-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Advocate Mr. Deolekar for plaintiff present.
    None for defendant.
    Requested date.
    Matter is adjd. for SJ hearing to  24-06-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: P. O. is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: AS court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: As court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None present for plaintiff.
    Adv.Ganesh Murthy present for defendant.
    Matter stands adjourned for SJ dismissal on 04-09-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv.Amandeep Singh present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 3.30 pm.
    Adv.Amandeep Singh present for plaintiff, tendered service affidavit TOR marked as Exh.5.
    Matter stands adjourned for service on 07-10-2023.
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Adv. Aman Deep singh present for plaintiff, tendered application for change of counsel TOR marked as Exh.6.
    None present for defendant.
    Plaintiff to take steps proceed with the matter and to serve the SJ on defendant.
    Matter stands adjourned for steps on 18-12-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: None present.
    KB.
    L.O.at 12.45 pm.
    None present for plaintiff.
    Adv. Ganesh Murthy present for defendant.
    Matter stands adjourned for steps on 26-02-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: None present for plaintiff.
    Adv. Ganesh Murthy i/b K.V. Iyyer and Associates present for defendant.
    It appears from the Roznama that the defendant has reply on Summons for Judgment on 13-12-2021, but, plaintiff is not proceeding with the Summons for Judgment hearing. Hence, proceed without argument of plaintiff.
    Heard the defendant of counsel.
    Matter stands adjourned for Summons for Judgment P.H.
    on 21-03-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: None present.
    Kept Back.
    L.O. at 1.35 pm.
    None present for plaintiff.
    Adv. Ganesh Murthy present for defendant.
    Heard the counsel of defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on 07-05-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: None present.
    Kept back.
    L.O. at 12.00 pm
    None present for plaintiff.
    Adv. Ganesh Murty present for defendant.
    As Court is busy in order dictating in Notice of Motion No.4775/23
    and 4776/2023 and Notice of Motion No.2495/22 and Notice of
    Motion No.455/2024, hence, matter is adjourned.
    Matter adjourned for Summons for Judgment hearing
    on 14-06-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: None present.
    Adv. Ganesh Murty present for defendants.
    Heard.
    F.R.S.R. following order is passed on Summons for Judgment 184/21-
    ORDER
    1.Summons for Judgment No.184 of 2021 in Summary  Suit No.1190 of 2018, is hereby rejected.
    2.Defendant is granted unconditional leave to defend.
    3.Defendant is directed to file written statement within stipulated period from the date of this order.
    4.Summons for judgment is disposed of accordingly.
                 (Order dictated and pronounced in open Court)
    Matter stands adjourned for compliance on 15-07-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: None present for plaintiff.
    Adv.Ganesh Murty present for defendant.
    Matter stands adjourned for compliance on 02-09-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: None present for plaintiff.
    Adv. Ganesh Murty present for defendant, tendered written statement TOR marked as Exh.07.
    Defendant is directed to tender affidavit in support to written statement as per the provisions of Order 6, Rule 15 (4) of CPC.
    Matter stands adjourned for issues on 14-10-2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: None present.
    Issues are framed Exh.08.
    Issues
    1. Does the plaintiff prove that the defendants are in due at Amount of Rs. 9,00,000/-
    2. Does the plaintiff prove that it is entitled to charge interest at
    18 percent per annum
    3. Is the plaintiff entitle for the relief sought
    4. What order and decree
    Plaintiff is directed to file list of witness, evidence in chief as well
    as documents as per list on next date.
    Matter stands adjourned for R/E on 19-12-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: None present.
    Matter stands adjourned for R/E on 23-01-2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-01-2025
    
    Date: 23-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-03-2025
    
    Date: 25-03-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-06-2025
    
    Date: 10-06-2025
    Business: As court is vacant. Hence, matter
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-08-2025
    
    Date: 12-08-2025
    Business: None present.
    Kept back.
    Later on at 4.45 pm.
    None present.
    Matter is old. Matter is pending since long for evidence. Hence, matter is adjourned, subject to costs of Rs.300 vide section 35 B of CPC to be paid to DLSA.
    Matter stands adjourned to 04-10-2025 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-10-2025
    
    Date: 04-10-2025
    Business: As presiding officer is attending official training at Uttan. Hence matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-12-2025
    
    Date: 17-12-2025
    Business: As P. O. is on Leave.Hence, matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: P. O. is on leave. Hence, matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-04-2026
    
    Date: 22-04-2026
    Business: None present.
    Matter stands adjourned to 30-07-2026 for dismissal/steps.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-07-2026
    
    Date: 30-07-2026
    Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
    None present.
    Matter adjourned to 24.09.2026 for dismissal.
                                                                                                    Judge
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112805/2018
    Filing Date: 18-09-2018
    First Hearing Date: 15th December 2018
    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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