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SUMMARY CIVIL SUIT - SUMMARY SUIT

Ramesh Hansraj GuptaVsGulabchand Sitaram Gupta

CNR MHCC01013682201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st October 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100104/2020
Registration Date
14 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ramesh Hansraj Gupta

    Respondent

    1. 1Gulabchand Sitaram Gupta

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 09-03-2020
Business: Adv for plaintiff Mr. Ramesh Jain present.
None present for defendant.
Advocate for plaintiff requested for adjournment O-Granted
Matter is Adjd for affidavit of service on 22.04.2020.
Next Purpose: REPORT
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 11.01.2021.
Next Purpose: REPORT
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.  for plaintiff absent.
Adv.for defendant absent.
Adjd for report on 18.03.2021.
Next Purpose: REPORT
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Next Purpose: REPORT
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 05/08/2021.
Next Purpose: REPORT
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Ramesh Jain for the plff present.
Matter is adjd to 01.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd for report  to 15.01.2022
Next Purpose: REPORT
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present.
Matter is adjd for Report to 02.02.2022.
Next Purpose: REPORT
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None present for Plaintiff.
	None present for Defendant.
	Matter adj. to 13/04/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Adv. Ramesh Jain for the plff present.
None for defendant.
Matter is adjd. to 26.08.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: As the Court time of Civil Board is over, hence board discharged.
Matter adjourned to 19.11.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv.Ramesh Jain for plaintiff present.  He seeks time to file affidavit of service.  Time granted as a last chance.
Matter is adj to 08/02/2023 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: As Court time is over, first session remaining board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 15/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Ramesh Jain for plaintiff present.  He seeks time to file affidavit of service.
Time granted.
Matter is adj to 18/07/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff is absent.
Adv. Ramesh Jain for plaintiff is present and prayed for adjournment to file the service affidavit. On perusal of the roznama, it is found that since 19.11.2022 matter is being adjourned for filing service affidavit and today again counsel for plaintiff is praying for time to file service affidavit.
Time is extended in the interest of justice, subject to costs of Rs.500/- payable to DLSA.
Matter is adj to 03.10.2023 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his counsel are absent.
The writ of summons is not appearing to have been served on the defendant. Plaintiff failed to file service affidavit.
Matter is adj to 21.10.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
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. Present suit is filed in the year 2020. Around three years are likely to be completed, but the writ of summons is not yet served on the defendant. Time to time the suit was adjourned for filing the service affidavit, but failed. On the request of the plaintiffs counsel, the adjournment was granted on 18.07.2023, subject to costs of Rs. 500/- and then the matter was adjourned 03.10.2023. On 03.10.2023, neither plaintiff nor his counsel was present and then matter posted for dismissal order on 21.10.2023 i.e. today. Today also, the plaintiff and his counsel are absent. The plaintiff failed to serve the writ of summons and to file the service affidavit and even failed to pay the costs.
Hence, the suit is hereby dismissed under Order-9, Rule-2 of CPC and also for non-payment of the costs.
Nature Of Disposal: DISMISSED
Disposal Date: 21-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114241/2019
Filing Date: 20-12-2019
First Hearing Date: 09th March 2020
Decision Date: 21st October 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Oct 2023
    Order Details: Other
Pdf Text: 38
21/10/2023
SUM
104/20
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. Present suit is filed
in the year 2020. Around three years are likely to be
completed, but the writ of summons is not yet served on the
defendant. Time to time the suit was adjourned for filing the
service affidavit, but failed. On the request of the plaintiff’s
counsel, the adjournment was granted on 18.07.2023,
subject to costs of Rs. 500/- and then the matter was
adjourned 03.10.2023. On 03.10.2023, neither plaintiff nor
his counsel was present and then matter posted for dismissal
order on 21.10.2023 i.e. today. Today also, the plaintiff and
his counsel are absent. The plaintiff failed to serve the writ of
summons and to file the service affidavit and even failed to
pay the costs.
Hence, the suit is hereby dismissed under Order-9, Rule-2 of
CPC and also for non-payment of the costs.
Judge
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