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SUMMARY CIVIL SUIT - SUMMARY SUIT

Manohar Khandu KalbhorVsSubhash Waman Misal

CNR MHCC01012018201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 01st August 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101285/2019
Registration Date
17 Dec 2019

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: Adv.Rajesh Patil for plff. present.
    None for Defendant.
    Exh-1 plaintiff.
    Exh2  V/p
    Exh 3  Memorandum of address.
    Exh4 List of Documents.
    Exh.5 Adv.for plff. filed service affidavit along with
    original writ of summons and bailiff report.
    Matter is adjd to 06-03-2020 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Rajesh M patil for plaintiff.
    Adjd on the request of plaintiff for steps to 16-06-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: None present. Due to Covid 19 matter adjd. to 24/11/2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Rajesh patil for plaintiff filed Application for substitute service for posting and pasting on defendant under Order 5 Rule 20. O- Heard. Posting and Pasting allowed in defendants residential address and court house.
    None for defendant
    Adjd to 22-06-2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    None for defendant.
    Matter is adjd to 01/01/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv. Patil for the plaintiff present and seeking time for filing affidavit of service.
    None for defendant.
    Matter is adjd. to 16/02/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Rajesh patil for plff. present.
    None for Deft.
    Service of Summons is not proper.
    Matter is adjd. for taking steps to 15-03-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Adv. Rajesh Patil for plaintiff present.
    Matter is adjd. for taking steps to 06-06-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv. Rajesh Patil for Plaintiff present.
    None present for defendant.
    Keep for Ex-parte order.
    Adjd to 29/06/2022 for  Ex-parte Order.
                                                                                          Judge
    Next Purpose: ORDER
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 07/09/2022 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: As court is vacnat
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: As court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv. Rajesh Patil for plaintiff present.
    None present for defendant.
    As per the report (Exh.05), summons is served upon defendant on 18.01.2020, but defendant fails to appear, hence, proceed ex-parte.
    Advocate for plaitniff tendered claim affidavit and documents as per list. TOR.
    Claim affidavit. Exh.06.
    Documents as per list. Exh.07.
    Document at Sr. No.1 is the Demand promissory note of Rs. 250000/- dated 24 June 2018 TOR marked as Exh.8.
    Document at Sr. No. 2 is the Notice of demand dated 24th August 2019 TOR marked as Exh.9.
    Matter stands adjourned to for ex-parte arguments on 15-07-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None present.
    KB.
    L.O. at 3.10 PM.
    Adv. Rajesh Patil present for plaintiff.
    Heard.
    Matter stands adjourned for argument P.H./hearing on 27-07-2023
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Adv.Rajesh Patil present for plaintiff.
    None present for defendant.
    Heard.
    Matter stands adjourned for further argument on 01-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None present.
    KB.
    L.O. at 12.35 pm
    Adv. Rajesh Patil present for plaintiff, tendered evidence closing pursis TOR marked as Exh.10.
    KB.
    L.O. at 5.00 pm.
    Judgment Exh.11.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.1285/2019, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.2,50,000/- alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice of advocate dated 24/08/2019, till its full realisation from the defendant.
    3.Decree be drawn up accordingly.
    4.Court fees, if any, be refunded as per rule.
    (Judgment pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 01-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112832/2019
    Filing Date: 22-11-2019
    First Hearing Date: 20th February 2020
    Decision Date: 01st August 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.1285/2019 MHCC010120182019 Presented on : 22/11/2019 Registered on : 17/12/2019 Decided on : 01/08/2023 Duration : 03Y 08M 10D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.11 SUMMARY CIVIL SUIT NO.1285 OF 2019 Manohar Khandu Kalbhor, Indian Inhabitant, carrying on business at Patra Chawl Near Gujrathi School, Subhash Nagar, New Mill Road, Kurla (W), Mumbai – 400 070. ] ] ] ] ..Plaintiff V/s. SUBHASH WAMAN MISAL,…

    Read Full Order

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