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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mahendra Murlidhar DesaiVsJhon Ashirwad D'souza

CNR MHCC01012929201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100089/2020
Registration Date
06 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 22-03-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.  Matter adjd to 26.02.2021.
    Next Purpose: REPORT
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv.Ramesh Jain for plaintiff present.
    On oral request of Adv. for the plaintiff issue fresh summons to the defendant on payment of necessary process fee r/o next date.
    Matter adjd for report to 05.04.2021.
    Next Purpose: REPORT
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present.
    Matter adjd for report on 16.07.2021.
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 28.08.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Plaintiff and defendant absent.
    Adv. Ramesh Jain for plaintiff is present.
    Matter is adjd for Report to 15.02.2022.
    Next Purpose: REPORT
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd for report  on 22-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Advocate Mr. Ramesh Jain for plaintiff present.
    None for defendant.
    Exh.1-Plaint.
    Exh.2-VP.
    Exh.3-List of documents.
    Exh.4-Memorandum of address.
    Order below Exh.5 application for re-issuance of writ of summons.
    Order-Reissue writ of summons through sheriff returnable on          20-08-2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 11.10.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv.Ramesh Jain for plaintiff present and submits that plaintiff is in search of new address of defendant and therefore time may be granted.
    Order- Time granted.
    Matter is adj to 17/12/2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None for plaintiff.
    None for defendant.
    No steps are taken as per the submission made by Ld.Adv.for plaintiff on 11/10/2022.
    Still interest of justice, matter is adj to 17/03/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: PO IS ON LEAVE (FIRST SESSION).
    Next Purpose: REPORT
    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.
    Matter is adj to 24.08.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent. It is not appearing that suit summons is served on the defendant.  Service affidavit is not filed.
    Hence, Matter is adj to 07.10.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his counsel are absent.
    Order below Exh-1
    The plaintiff and his counsel are absent. On perusal of the record and proceeding, it is found that though the suit is instituted in the year 2020, the suit summons is not yet served on the sole defendant. On previous date neither plaintiff nor his counsel was present and no steps was taken for the purpose of serving the suit summons and therefore, matter was adjourned for the dismissal to 07.10.2023 i.e. today. Today also the plaintiff and his counsel are absent. Hence, the suit is hereby dismissed under Order-9, Rule-5 of the CPC.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113673/2019
    Filing Date: 09-12-2019
    First Hearing Date: 22nd March 2020
    Decision Date: 07th October 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2023
    Order Details: Other
    Pdf Text: 12
    07/10/2023
    SUM
    89/20
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his counsel are absent.
    Order below Exh-1
    The plaintiff and his counsel are absent. On perusal of the record
    and proceeding, it is found that though the suit is instituted in the
    year 2020, the suit summons is not yet served on the sole
    defendant. On previous date neither plaintiff nor his counsel was
    present and no steps was taken for the purpose of serving the suit
    summons and therefore, matter was adjourned for the dismissal to
    07.10.2023 i.e. today. Today also the plaintiff and his counsel are
    absent. Hence, the suit is hereby dismissed under Order-9, Rule-5 of
    the CPC.
    Judge
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