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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 107 Oct 2023
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 -- 1 of 1 --
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