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SUMMARY CIVIL SUIT - SUMMARY SUIT

Gangaram Janu PawarVsSyed Ahmed Ibarat Khan

CNR MHCC01012714201928-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 20th February 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
101269/2019
Registration Date
16 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: 19-02-2020
    Business: wrongly on holiday
    Next Purpose: REPORT
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv.Rajesh Patil for plff. present.
    None for defendant.
    On oral request extension for service of summons is granted. Adjd. to 28/04/2020 for service
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Plaintiff present.
    Adv Rajesh Patil for plaintiff present.
    He filed Register NM 1894/2020 tor
    for appearance of defendant
    Matter Adjd on 21-12-2020  for NM Hearing.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: PO is on  leave
    Next Purpose: SERVICE
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: PO is on inspection duty is absent.
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: PO is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: PO is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: P. O. is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Rajesh patil for plaintiff filed
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5- Affidavit of service. The affidavit of service Exh.5 @ the bailieff report shows that summons was served on the defendant on 05.03.2020. However, the defendant failed to appear. Hence, suit to proceed Ex-parte against the defendant.
    Exh.6-  Affidavit of service of Notice of Motion.
    It also seems from the affidavit of service of notice of motion vide Exh.6 that notice of motion has also been served on the defendant on 11.12.2020 and the corporation on 10.12.2020. However, they failed to appear and file reply to the notice of motion. Hence, notice of motion to proceed in their absence and without their reply.
    Exh.7- Claim affidavit
    Exh.8- List of documents.
    Adjd for Ex-parte arguments and NM arguments to
    20-02-2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Rajesh patil for plaintiff
    None for defendant.
    Heard arguments on behalf of plaintiff.
    Arguments have been heard and the matter has been taken
    for disposal by final judgment. Since the matter itself is
    being disposed today by judgment, no need to decide the
    Notice of Motion for interim relief. In this background, the
    Notice of Motion 1894/20 is disposed as Filed.
    F.R.S.R following order is passed.
    ORDER
    1.The suit is ex-parte decreed with costs as under.
    2.The Defendant shall pay to the plaintiff amount of Rs.2,99,000/- (Rupees Two Lakhs Ninety Nine Thousand Only) with simple interest at the rate of 12 percent p.a. on principal amount of Rs.2,50,000/- from the date of suit till realization of the amount.
    3.Court fees be refunded to the plaintiff as per rules.
    4. Decree be drawn up accordingly.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 20-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113552/2019
    Filing Date: 05-12-2019
    First Hearing Date: 19th February 2020
    Decision Date: 20th February 2021
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 Sum.Suit No.1269/19 MHCC010127142019 Presented on : 05-12-2019 Registered on : 16-12-2019 Decided on : 20-02-2021 Duration :1 Yrs.2 Mths.15 Ds IN THE CITY CIVIL COURT AT MUMBAI SUMMARY SUIT NO. 1269 of 2019 (UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908) Gangaram Janu Pawar Age: 40 years, Indian Inhabitant carrying on business at Room No. 23/235, Balchand Shindhi Chawl, Jayshankar Chowk, Halav Pul Road, Kurla West, Mumbai 400070. ...Plaintiff VERSUS Syed Ahmed…

    Read Full Order

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