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SUMMARY CIVIL SUIT - SUMMARY SUIT

Manohar Khandu KalbhorVsYosef Kundlik Kamble

CNR MHCC01011998201984-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
101287/2019
Registration Date
17 Dec 2019
Next Hearing Date
17 Oct 2026
Case Stage
FOR TAKING STEPS

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: 20-02-2020
    Business: None present.
    L.O.
    Adv for plaintiff Mr.Rajesh Patil present.
    Adv for plff. filed Affidavit of Service with the remark that deft has refused to accept service writ of summons.
    O-It appears deft has fail to appear in the suit.  Hence, suit to proceed exparte against defendant.
    Matter is Adjd for Exparte Evidence to 04.04.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: None for plff.
    Adv. Taral for the deft present.
    Adv. for the deft has tendered original  CH/S no. 44/21 and original NM no. 66/21.
    KB LO at 12.14 p.m.
    Defendant Yosef Kamble is present.
    Adv. Rajesh Patil for plff is present.
    Adv.for plff has file reply on CH/S and NM. Taken on record.
    Adv. for the plff has served the copy of plaint upon the deft.
    Order below CH/S no. 44/2021
    Perused the Chamber Summons and the reply. Heard Ld. Advocates of the both the sides. On perusal of the affidavit of service and the report of Deputy Sheriff, its shows that the duplicate copy of summons was affixed on place of residents of the defendants on 05.02.2020. The defendant did not appeared. Thereafter, from the month of March due to Covid-19 pandemic there was lock down of the Courts. Today the defendant Yosef Kamble is present before the Court. He is senior citizen and due to the accident, presently he is handicapped. The defendant submitted that he is retired on 30.06.2020. Considering the age of the defendant and further the fact that he is handicapped and also the considering the reasons that for long period there was lock down, in the interest of Justice the Chamber Summons needs to be allowed.
    Hence, I pass the following order-
                                    ORDER
    CH/S no. 44/21 is allowed and made absolute in terms of prayer clause (a) and (b).
    Vakalatnama filed by the defendant is t.o.r marked at Exh.2.
    Chamber Summons is allowed and disposed of accordingly.
    Order below NM no. 66/2021
    Perused the Notice of Motion which is supported by an affidavit being executed by defendant Yosef Kamble. The plaintiff has filed reply on affidavit being executed by plaintiff Manohar Kalbhor opposing Notice of Motion. Heard Ld. Advocates of both the sides. I have perused the order dtd. 20.02.2020 passed by my Ld. Predecessor and also the report of Deputy Sheriff who has affixed the summons at the residential address of deft. The returnable date as per the writ of summons was within ten days. The date before the Court appears to have been fixed on 20.02.2020. From March 2020 due to the Covid 19 pandemic there was lock down. Considering the fact that the defendant herein is a senior citizen and is also handicapped due to the accident and furthermore the defendant is ready to settle the dispute through the process of mediation, in my opinion for in the interest of Justice and aforesaid fact the Notice of Motion can be allowed.
    Hence, I pass the following order-
                                          ORDER
    Notice of Motion No. 66/21 is allowed and made absolute in terms of prayer clause (a) and (b).
    Notice of Motion is disposed of accordingly.
    Heard deft and Advocated of both the sides. This suit is for  recovery of an amount. Both the parties are consented to refer the matter to mediation. As per the provisions of Section 89 of the CPC this matter is referred for mediation. Parties to the suit to take note that the mediation is a confidential process and is in good faith. Parties to the suit are directed to attend the District Mediation Centre on 28.01.2021 at 12.00 p.m.
    The  Co-ordinator of DMC is requested to allot this matter to Judge Mediator.
    Matter be kept for Mediators Report on 15.02.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: As P.O is on 40hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March,2021
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv. Rajesh patil for plaintiff is present.
    Adv. Leena Patil for defendant is present.
    The report received from District Mediation Centre that matter is not settled. The report is t.o.r marked as Exh.3.
    Defendant absent.
    Adv. for plaintiff tendered draft SJ along with affidavit. O- Leave granted to register.
    Adv. for the deft filed application for leave to defend t.o.r. marked as Exh.4.
    O- Other side to say.
    Matter adjd for reply  on 29.04.2021.
    Next Purpose: REPLY
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: In view of Office Order No. 8/21 only urgent matters is taken up. Hence, Board Discharge. Adj to 11-08-2021.
    Next Purpose: REPLY
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Taral for the deft present.
    L.O. at 3.00 p.m.
    Adv. Rajesh Patil for plff. Present.
    Adv. For the plff filed application for extention time to registered the draft S/J. t.o.r.
    Order- Granted extention as prayed to registered the S/J.
    Matter is adjd to 27.08.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: COURT IS VACANT
    Next Purpose: HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for hearing to 03.02.2022.
    Next Purpose: HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Adv Rajesh Patil for plaintiff present and tendered regarding SJ 73/2021 along affidavit in support. TOR.
    Matter is adjd for  hearing on 11-04-2022
    Next Purpose: HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: PO IS ON TRAINING
    Next Purpose: HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: As Court busy in R/E in SC No. 139/2021 and 94/2020.
    Matter adjourned to 26/08/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Patil for Plaintiff present.
    Adv. Karal for Defendant present.
    At request of advocate for plaintiff matter adjourned for SJ hearing.
    Matter adjourned to 09.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: As Court is busy in dictating Judgment in Suit No.4507 of 2009, matter is adj to 21/12/2022 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. For plaintiff present.
    Adv. For defendant present.
    Adv. For defendant seeks time to work out SJ. Time granted.
    Matter is adj to 15-03-2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy in dictating judgment in Suit No.4526/2007, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 15/06/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate absent.
    Adv. Taral for defendant present.
    Matter is adj to 26.09.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Both parties and their advocate are absent.
    Matter is adj to 05.01.2024 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adjourned to 07.02.2024 for hearing on summons of judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Advocate for defendant is present and requested for adjournment.
    The matter is very old. Last chance is given to argue on the summons for judgment.
    Matter is adj to 10.04.2024 for filing original documents and hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The defendant in person is present.
    The plaintiff failed to file original documents, despited of giving last chance. Hence, keep it for dismissal order.
    Matter is adj to 15.06.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Rajesh Patil for plaintiff is present and filed an application for removal of dismissal caption. Taken on record. It is marked as Exh-5. O-Allowed. Caption of dismissal is removed.
    Matter is adj to 23.07.2024 for filing original documents and hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Adv. Aditya h/f Adv. Rajesh Patil forplaintiff is present and requested for adjournment to file original documents. Adjournment is granted as a last chance.
    Adv. for defendant is present.
    Matter is adj to28/08/2024 filing original documents and hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-08-2024
    
    Date: 23-07-2024
    Business: Adv. Aditya h/f Adv. Rajesh Patil forplaintiff is present and requested for adjournment to file original documents. Adjournment is granted as a last chance.
    Adv. for defendant is present.
    Matter is adj to28/08/2024 filing original documents and hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: COURT IS ON HALF DAY LEAVE(FIRST SESSION)
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Not on board, taken on board.
    Perused record. Suit is pending for filing original documents and hearing on Summons for judgment No.73/21. It is adjourned on 05.09.2024. In view of order passed in Transfer Application No. 204/2024 by Hon\''ble Principal Judge, City Civil and Sessions Judge, Mumbai dated 23.09.2024, this matter is transferred to Court No.84. Hence, matter is transferred accordingly along with Summons for judgment.
    Matter is adj to 05.11.2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
    Both parties and their counsel are absent.
    Keep back.
    Later on at 3.02 pm
    The plaintiff and his advocate are absent.
    Defendant in person is present and seeking time. Time granted.
    Matter stands adjourned to 23.12.2024 for hearing on summons for
    judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: Adv. Rajesh Patil present for plaintiff. Seeking time. Time is granted.
    Adv. Arvind Taral present for defendant through Video Conference.
    Matter stands adjourned for Summons for Judgment hearing
    on 21-02-2025.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: Manohar Khandu kalbhor Vs Yosef Kundlik Kamble
    Adv Rajesh Patil present for plaintiff.
    Adv Swaroopa Desai present for defendant.
    Suit is of 2019 and pending for Summons for Judgment.
    Parties to expedite.
    Else, put for order against defaulting parties.
    Suit is adjourn to 05-05-2025 for SUMMONS FOR  JUDGMENT
    HEARING
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-07-2025
    
    Date: 17-07-2025
    Business: Adv. Rajsh Patil for plaintiff.
    None for defendant.
    Matter stands adjourned for NM hearing to 11.08.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: Adv. Atul Kolge i/b Rajesh Patil  present for plaintiff. Seeking time. Time is granted as last chance.
    Defendant is present.
    Matter stands adjourned to 29-09-2025  for Summons for Judgment
    hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: None present.
    Kept back.
    Later on at
    Adv. Rajesh Patil  present for plaintiff.
    None present of defendant.
    Matter stands adjourned to 05-12-2025 S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-12-2025
    
    Date: 05-12-2025
    Business: None present.
    Kept back.
    Later on at 2.00 pm.
    Plaintiff is present.
    None present for defendant.
    On request of plaintiff. Matter is referred to Lok-Adalat.
    Matter stands adjourned to 13-12-2025 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: NATIONAL LOK-ADALAT HELD ON 13.12.2025 (Panel-XIV)
    Matter pertaining to C.R. No.84
    None present.
    Matter is adj for steps to 27.01.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2026
    
    Date: 27-01-2026
    Business: None present.
    The matter is under caption of steps, if appropriate steps are not taken the matter kept for dismissal order.
    Matter stands adjourned to  18.03.2026 for steps/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: CORAM :- H.H.J. SHRI SANJIV PRABHAKAR PINGLE(CR. 84)
    Plaintiff and his counsel are absent.
    Defendant is present and his advocate absent.
    Matter stands adjourned to 17-10-2026 for steps/ dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112834/2019
    Filing Date: 22-11-2019
    First Hearing Date: 20th February 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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