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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mrs. Radhabai Sandeep GadgeVsMr. Vilas Dattaram Bhogankar

CNR MHCC01012339201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 06th October 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100035/2020
Registration Date
04 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 3

    Case History / Proceedings

    Case History
    Date: 28-02-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 20.04.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: REPORT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 06.04.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. B. S. Patil for the plff present.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 15.06.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Due to Covid-19 pandemic Matter is adjd to 11/08/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 18.09.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: None present.
    Matter is adjd for report to 22.03.2022
    Next Purpose: REPORT
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: PO is on training.  Hence, matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None for plaintiff.
    None for defendant.
    Service affidavit not filed since long time. If plaintiff failed to take steps to served the defendant, suit would be dismissed in default.
    Matter is adjd. to 25.07.2022 for report/dismissal order.
    Next Purpose: REPORT
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Mr. B. S. Patil for Plaintiff present and submits that the Defendant is already served, however, sometime is necessary for filing the affidavit.
    In view of the submission time granted to file Affidavit of Service.
    Matter adjourned to 20/09/2022 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Patil for plaintiff present.
    None for defendant.
    Advocate for plaintiff submits that report of service is not being traced out in the Sheriff\''s office.  He seeks time to file service affidavit.  Time granted.
    Matter is adjd. to 04.11.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv.Balbheem Patil for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Matter called out at 2.50pm
    Adv.Balbheem Patil for plaintiff present.  He filed application (Exh--) for adjournment on the ground that though the service is complete, the service report is not being traced out in the office of Sheriff.
    The service affidavit is not filed since long time, therefore plaintiff is unable to get the service report, would required to take appropriate steps to serve the defendant once again.
    Matter is adj to 30/01/2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv.Balbheem Patil for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Later on at 3.32pm
    Adv.Balbheem Patil for plaintiff present.    He filed application (Exh-3) for directing sheriff of Mumbai for producing service report.
    Order- Call report from Sheriff office about service of writ of summons.
    Matter is adj to 24/03/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Balbheem Patil for plaintiff present.   He filed report along with affidavit of service of summons is filed by the Sheriff (Exh-4).
    From the affidavit it transpires that defendant is served with the writ of summons on 27/10/2021 through Bailiff.  Despite service defendant failed to cause appearance.  Hence, suit to proceed ex-parte.
    Matter is adj to 10/07/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his counsel are absent.
    Matter is adj to 26.09.2023 for Ex-parte-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv. Balbheerm Patil for the plaintiff present.
    Adv. Patil filed calim affidavit of evidence of plaintiff along with the list of documents TOR marked as Exh.5 & Exh.06.
    The plaintiff has filed evidence close pursis. TOR mared as Exh.07
    Matter is adj to 06.10.2023 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his counsel are absent.
    FRSR following order is passed-
    Order
    1.Summary Suit No.35 of 2020 is hereby decreed with the costs.
    2.The defendant shall pay an amount of Rs.2,58,000/- (Rupees Two Lakhs, Fifty Eight Thousands  only)  to the plaintiff.
    3.The defendant shall pay to the plaintiff simple interest on Rs.2,40,000/- at the rate of Rs.9 percent p.a. from 28-11-2019, the date of filing of suit  till its full realization.
    4.The plaintiff is entitled to  get refund 2/3rd of the court-fees paid by him.
    5.The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 06-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113136/2019
    Filing Date: 28-11-2019
    First Hearing Date: 28th February 2020
    Decision Date: 06th October 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Oct 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010123392019 Presented on 28-11-2019 Registered on 04-01-2020 Decided on 06-10-2023 Duration 03Y: 10M: 8D Exhibit 08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 35 OF 2020 Mrs. Radhabai Sandeep Gadge, ] Aged about 26 years, ] Occupation Money Lender, ] R/at Room No.3, Nobel Co-op. ] Housing Society Ltd. Halav Pool Road, ] Kurla West Mumbai - 400 070. ] Through her duly constituted attorney ] Mr. Sandeep Saibu Gadge…

    Read Full Order

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