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SUMMARY CIVIL SUIT - SUMMARY SUIT

Manohar Khandu KalbhorVsDayanand Bhikaji Shinge

CNR MHCC01013193201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 29th April 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
101265/2019
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 board.
    Public holiday on account of 19.02.2020. hence taken on today''s board and adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National lock Down
    Next Purpose: REPORT
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    None for defendant.
    Today matter is for service report of writ of summons.
    He submits that time be extended for service of writ of summons. Time granted till next date.
    Matter adjd for service affidavit to 25-02-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff filed affidavit of service along with Bailiff Report t.o.r. O- Seen.
    Matter adjd for exparte order to 24-03-2021.
    Next Purpose: ORDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Rajesh Patil for plaintiff present.   None for defendant.
    Perused affidavit of service Ex.02. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 06-02-2020 defendant accepted writ of summons and signed as an acknowledgement of service of writ of summons.
    Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per the said provision the defendant may at any time within 10 days of service enter an appearance either in person or by leader and, in either case, he shall file in court an address for service of notices on him.
    Defendant inspite of service of writ of summons as per service affidavit, Ex.02 did not remain present within 10 days from the date of service of writ of summons. Hence, suit be proceeded exparte against defendant.
    Ex.03   Ld adv for plaintiff filed claim affidavit t.o.r. O- Seen.
    Ex.04   Ld Adv for plaintiff filed list of documents t.o.r. O- Seen.
    Ex.05  Demand promissory note of Rs.2,00,000/- dated 24-06-2018.
    Ex.06   Notice of demand dated 24-08-2019.
    Heard ld adv for plaintiff.
    Matter adjd for exparte judgement to 03-04-2021.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    None for defendant.
    Court is busy in dictating order in NM no. 1770 of 2020 and CS no. 1546 of 2017 in Summary suit no. 385 of 2016.
    Matter adjd for exparte judgement to 21-04-2021.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: None present.
    Today matter is for exparte Judgement.  Court is busy in dictating judgement in sum suit No. 1266/2019.
    Hence, Matter adjd to 29.04.2021 for Exparte Judgement.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Adv Rajesh Patil for plaintiff present.
    None for defendant.
    Ex.07   Judgement.
    F.R.S.R. following order is passed
    ORDER
    Summary Suit no. 1265 of 2019 is decreed with costs as under-
    1.  Defendant do pay a sum of Rs.2,00,000/-(Two Lakhs only) to the plaintiff with interest at the rate of 9 (nine) percent per annum on amount of Rs.2,00,000/- from the date of 24-06-2018 till its full realisation.
    2.   Court fee, if any, be refunded to the plaintiff as per rule.
    3.   Decree be drawn accordingly.
    4.   Judgement is dictated and pronounced in open Court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 29-04-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113157/2019
    Filing Date: 28-11-2019
    First Hearing Date: 19th February 2020
    Decision Date: 29th April 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Apr 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010131932019 Presented on : 28-11-2019 Registered on : 16-12-2019 Decided on : 29-04-2021 Duration : 1 years, 5 months, 1 days EXH. 07 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.1265 OF 2019 {Under Order XXXVII of C.P. Code (1908)} Manohar Khandu Kalbhor, age 45 years, Indian Inhabitant, carrying on business at Patra Chawl, Near Gujrathi School, Subhash Nagar, New Mill Road, Kurla (W), Mumbai – 400 070. ...Plaintiff. V/s. Dayanand…

    Read Full Order

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