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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Mohamed Rasool Agha Mohamed (Aslam)VsJai Pratap Maniar

CNR MHCC01013007201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 08th November 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100290/2019
Registration Date
11 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-12-2019
    Business: P.O. is on leave.
    Matter is adjd to 10/02/2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Balbheem Patil for plff. Present
    Adv. Shena ChughFor deft. Present.
    Adv. For the plff. Tendered original summons for judgment no. 290/19. t.o.r.
    Matter is adjd to 27.03.2020 for reply of S/J
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: P.O. is on Leave.
    Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 28.04.2021 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 09/08/2021 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 27.09.2021  for reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is Vacant.
    Next Purpose: REPLY
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None present.
    Matter is adjd for reply to 01-04-2022
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Advocate Mr. B.S. Patil for Plaintiff present and tendered tendered registered SJ No. 290/19 on record a/w the affidavit.
    He seeks time to file service affidavit. O-Time granted to serve the defendant.
    None for Defendant.
    Matter adjourned to 27-09-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. B. S. Patil for Plaintiff present.
    None for Defendant.
    Advocate Mr. Patil for plaintiff filed affidavit of service with respect to summons for judgment.  From the affidavit it transpires that the copy of summons for judgment is served on defendant through RPAD on 16.12.2019.  As such service is complete.
    It appears that the advocate for defendant has filed discharge (Exhibit-11).  Hence, issue notice to the defendant on Court Motion by RPAD returnable on 06.12.2022.
    Next Purpose: REPORT
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: None for plaintiff.
    None for defendant.
    As the Ld. advocate for deft. had sought discharged, notice was directed to be issued to the deft. Accordingly, notice was issued to the deft. on 28-9-2022. The notice and postal acknowledgment reveals that same was served on the deft on 4-10-2022. Despite service, deft failed to appear and file reply to SJ.  Hence, suit to proceed without reply on SJ. for ex-parte SJ hearing .
    Matter is adj to 22-2-2023 for hrg. SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: None for plaintiff.
    None for defendant.
    By order dated 06/12/2022 the suit is proceeding without reply to SJ.  Plaintiff was directed to tender original documents in support of SJ, however plaintiff failed to do so.  Still in the interest of justice as a last chance, matter is adj to 26/04/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy in argument SJ No.113/19 in SUM No.369/18, SJ No.114/19 in SUM No.368/18, and dictating order in SJ No.113 of 2019, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 02/08/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: As a Court busy decteting order in NM No. 134/2023 and Record evidence in Sessions Case No. 260/2014, hence Afternoon remaining board is discharged.
    Matter is adj to 20/10/2023 for  SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. B. S. Patil for plaintiff is present and submitted that original documents are already on record.
    Matter is adj to 20.12.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate are absent.
    Matter is adjourned to 25/03/2024 for SJ hearing (without reply).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-03-2024
    
    Date: 25-03-2024
    Business: HOLIDAY
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff is given last chance to argue on Summons for judgment.
    Matter is adj to 25.07.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    They are given last chance to argue on Summons for judgment.
    Matter is adj to 09.09.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Court is on half day leave(in first session).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    The defendant and his counsel are absent.
    Heard counsel for plaintiff on Summons for judgment.
    Matter is adj to 08.11.2024 for further argument/order on Summons for judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    FRSR following order is passed on SJ No.290/19
    Order
    1)Summons for Judgment No. 290/2019 in Summary Suit No. 175/2019 is dismissed.
    2)Summary Suit No. 175 of 2019 is hereby dismissed.
    3)No order as to costs.
    4)The decree be drawn up accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113774/2019
    Filing Date: 11-12-2019
    First Hearing Date: 19th December 2019
    Decision Date: 08th November 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Nov 2024

    Order Details: Other Pdf Text: MHCC010130072019 Presented on 11/12/2019 Registered on 11/12/2019 Decided on 08/11/2024 Duration 04Y: 10M: 28D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 290 OF 2019 IN SUMMARY SUIT NO. 175 OF 2019 Mr. Mohamed Rasool Agha Mohamed (Aslam), ] of Mumbai an adult Indian Inhabitnat, ] aged 52 years, Occupation carrying on ] Money lending Business, in the name ] of Mr. Mohamed Rasool Agha Mohamed (Aslam) ] under license No.RBC…

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