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M Appeal - Misc Appeal

Jayshree Jaylal SoochakVsMangal Build Home Private Limited

CNR MHSCA3001089202141-Judge C.R. No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 13th October 2022

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100164/2021
Registration Date
24 Nov 2021

Advocates

2

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 43

Case History / Proceedings

Case History
Date: 01-12-2021
Business: Resumed. Before the bench both parties absent. Adv. for appellant present. Heard adv. for appellant. O- Appeal admitted. Issue notice to other side. Adj. for alias.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court not sitting. As one of the bench members Smt. S.B. Mahale, Addl. Chief Judge is on leave today.
Appellant absent.  Adv present.
Respdt absent.
As per bailiff report service done against respdt.
Adj for appearance of respdt. / Order.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: As per Office Order No.03 of 2022 dtd 07 January  2022 and SOP by Hon\''ble High Court dtd 06th January 2022 only urgent matters be taken.
Before the bench.
Nobody present.
Adjourned for appearance of respondent/ order.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Before the bench.
Both parties absent.  Adv for appellant present.
Service completed against respdt on Dec 2021.
Order passed below Exh 1.
O- Perused Bailiff report Exh.6 dated 15.12.2021. As per bailiff report, respondent was duly served with the copy of Notice alongwith copy of application.  However, inspite of service of summons, the respondent failed to appear in the matter.  Hence, this M. Appeal to proceed exparte against Respondent.
Adj for hearing.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Before the bench.
Appellant and Adv present.
Respdt absent. H. Adv present.
Adj for hearing and filing SV of respdt.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Before the bench.
Both parties absent.
Adv for Appellant present.
As Court busy in Judgement Matters, adj for hearing in main / Exparte  order against Respdt.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Before the bench.
Appellant absent. Adv present.
Respdt and Adv absent.
On oral request of Adv for appellant, adj for hearing in main.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Court not sitting, Both Presiding Officers are on leave today.
Appellant and Adv present.  Respdt and Adv present.
SV filed by Adv for Respdt.
Appln for setting aside ex-parte order dtd 08.03.2022 filed by Adv for Respdt.
O - O.S. to say.
Adj for filing say on Exh 8. /Hearing in main.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Before the bench. Appllent and Adv present. Respdt absent. Holding Adv present. Appln for not pressing Exh. 8
Handwritten given by otherside.
Exh. 8 Allowed. Adj for filing new appln for setting aside ex-party order. Adj for complience.
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Before the bench.
Appellant and Adv present.
Respdt and H. Adv present.
Appln for setting aside ex-parte order filed by Adv for Respdt.
Handwritten say given by other side.
Both argued on Exh 9.
Order passed below Exh 9.
O- Appln Exh 9 partly allowed. (See detail order)
Adj for argument in main.
Next Purpose: Argument at 11.00 A.M.
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Before the bench.
Both parties absent.  Both Adv present.
As court busy in Judgement Matters,by consent adj for argument in main.
Next Purpose: Argument at 11.00 A.M.
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Before the bench.
Appellant and Adv present. Respdt absent.  Adv present.
Both argued fully.
Adj for Judgement.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Court not sitting, as one of the bench members Shri. V. P. Kadam, Additional Chief Judge is on leave today.
Appellant present.  Adv absent.
Respdt absent.  H. Adv present.
Adj for Judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Before the bench.
Appellant present.  Adv absent.
Respdt absent. H. Adv absent.
Judgement dictated and declared in open court.
ORDER- Misc. Appeal dismissed with costs. (See detail order)
Proceeding Closed.
Nature Of Disposal: Judgement
Disposal Date: 13-10-2022

Additional Case Details

Additional Case Details
Filing Number: 100279/2021
Filing Date: 26-10-2021
First Hearing Date: 01st December 2021
Decision Date: 13th October 2022
Court Number And Judge: 41-Judge C.R. No. 41

Orders

9
Final Order 5Full order available
13 Oct 2022

Order Details: Order on Exhibit Pdf Text: 1 MHSCA30010892021 Presented on :26.10.2021 Registered on :24.11.2021 Decided on :13.10.2022 Period required for disposal : 02 Years 07 Months - Days IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) (APPELLATE BENCH) (M) APPEAL NO.164 of 2021 IN EXHIBIT 9 OF 2021 IN RAD SUIT NO.266 OF 2021 MS. JAYSHREE JAYLAL SOOCHAK Aged about 67 years of Mumbai, Occu: Home maker Residing at the room above second floor (Third floor) Ram…

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Interim Order 4Full order available
04 Aug 2022

Order Details: Order on Exhibit Pdf Text: MHSCA30010892021 IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) (APPELLATE BENCH) EXHIBIT NO.9 IN M APPEAL NO.164 OF 2021 IN EXHIBIT 9 OF 2021 IN R.A.D SUIT NO.266 OF 2021 Ms. Jayashree Jayal Soochak Appellant (Original Plaintiff) Versus Mangal Buildhome Private Ltd. Respondent (Original Defendants) M/s. Rajesh S. Sharma & Associates, .. Advocate for Respondent. Mr. Janardan P. Kotian ..Advocate for Appellant. Coram : Vilas. P. Kadam, Additional Chief Judge &…

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Interim Order 3Full order available
28 Jul 2022

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30010892021) ORDER BELOW EXH 8 IN M. APPEAL NO.164 OF 2021 IN EXHIBIT 9 OF 2021 IN R.A.D. SUIT NO.266 OF 2021 Ms. Jayashree Jayal Soochak ...Appellant/ (Original Plaintiff) V/s. Mangal Buildhome Private Ltd. …Respondent/ (Original Defendant) Janardhan P. Kotian, Advocate for the Appellant. Rajesh S. Sharma, Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief…

Read Full Order
Interim Order 2
08 Mar 2022
Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30010892021)
ORDER BELOW EXH -1
IN
M. APPEAL NO. 164 OF 2021
IN
EXHIBIT -9 OF 2021
IN
RAD SUIT NO. 266 OF 2021
Ms. Jayshree Jaylal Soochak ...Appellant
(Org. Plaintiff)
V/s.
Mangal Build Home Private Ltd ...Respondent
(Org. Defendant)
Coram : Smt. S. B. Mahale
Additional Chief Judge,
&
N. P. Pawar, Judge,
Court Room No. 41,
Date :08.03.2022
ORDER
Perused Bailiff report (Exh. 6) dated 15.12.2021. As per bailiff report,
respondent was duly served with the copy of Notice alongwith copy of
application. However, inspite of service of summons, the respondent failed
to appear in the matter. Hence, this M. Appeal to proceed exparte against
Respondent .
I agree,
( N.P. Pawar ) ( S.B. Mahale )
Judge, Additional Chief Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
08.03.2022 08.03.2022
-- 1 of 1 --
Interim Order 1
01 Dec 2021
Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
(CNR No. MHSCA30010892021)
ORDER below Exh.1
In
M APPEAL NO. 164 OF 2021
In
Order Below Exh.9 of 2021
In
R.A.D. SUIT NO. 266 OF 2021
Ms. Jayshree Jaylal Soochak .. Appellant
(Orig. Plaintiff)
Versus
Mangal Build Home Private Ltd. .. Respondent
(Orig. Defendant)
: ORDER :
1. Perused Appeal Memo and the order. Perused
the order. Appeal is admitted. Issue summons to Respondent r/o.
Mumbai.
Dated : 01.12.2021
I agree,
Sd/ Sd/
(N.P. Pawar) (S.B. Mahale)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
Small Causes Court(BB), Mumbai Small Causes Court(BB), Mumbai
/home/steno41/Desktop/C.R.41/S.Mahale/handwritten order/164.21M AppealExh.101.12.21.odt rcp.
-- 1 of 1 --
Order 4Full order available
04 Aug 2022

Order Details: Order on Exhibit Pdf Text: MHSCA30010892021 IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) (APPELLATE BENCH) EXHIBIT NO.9 IN M APPEAL NO.164 OF 2021 IN EXHIBIT 9 OF 2021 IN R.A.D SUIT NO.266 OF 2021 Ms. Jayashree Jayal Soochak Appellant (Original Plaintiff) Versus Mangal Buildhome Private Ltd. Respondent (Original Defendants) M/s. Rajesh S. Sharma & Associates, .. Advocate for Respondent. Mr. Janardan P. Kotian ..Advocate for Appellant. Coram : Vilas. P. Kadam, Additional Chief Judge &…

Read Full Order
Order 3Full order available
28 Jul 2022

Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) (CNR NO.MHSCA30010892021) ORDER BELOW EXH 8 IN M. APPEAL NO.164 OF 2021 IN EXHIBIT 9 OF 2021 IN R.A.D. SUIT NO.266 OF 2021 Ms. Jayashree Jayal Soochak ...Appellant/ (Original Plaintiff) V/s. Mangal Buildhome Private Ltd. …Respondent/ (Original Defendant) Janardhan P. Kotian, Advocate for the Appellant. Rajesh S. Sharma, Advocate for the Respondent. Coram : Shri Vilas P. Kadam Additional Chief…

Read Full Order
Order 2
08 Mar 2022
Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30010892021)
ORDER BELOW EXH -1
IN
M. APPEAL NO. 164 OF 2021
IN
EXHIBIT -9 OF 2021
IN
RAD SUIT NO. 266 OF 2021
Ms. Jayshree Jaylal Soochak ...Appellant
(Org. Plaintiff)
V/s.
Mangal Build Home Private Ltd ...Respondent
(Org. Defendant)
Coram : Smt. S. B. Mahale
Additional Chief Judge,
&
N. P. Pawar, Judge,
Court Room No. 41,
Date :08.03.2022
ORDER
Perused Bailiff report (Exh. 6) dated 15.12.2021. As per bailiff report,
respondent was duly served with the copy of Notice alongwith copy of
application. However, inspite of service of summons, the respondent failed
to appear in the matter. Hence, this M. Appeal to proceed exparte against
Respondent .
I agree,
( N.P. Pawar ) ( S.B. Mahale )
Judge, Additional Chief Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
08.03.2022 08.03.2022
-- 1 of 1 --
Order 1
01 Dec 2021
Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
(CNR No. MHSCA30010892021)
ORDER below Exh.1
In
M APPEAL NO. 164 OF 2021
In
Order Below Exh.9 of 2021
In
R.A.D. SUIT NO. 266 OF 2021
Ms. Jayshree Jaylal Soochak .. Appellant
(Orig. Plaintiff)
Versus
Mangal Build Home Private Ltd. .. Respondent
(Orig. Defendant)
: ORDER :
1. Perused Appeal Memo and the order. Perused
the order. Appeal is admitted. Issue summons to Respondent r/o.
Mumbai.
Dated : 01.12.2021
I agree,
Sd/ Sd/
(N.P. Pawar) (S.B. Mahale)
Judge Additional Chief Judge
Court Room No.41 Court Room No.41
Small Causes Court(BB), Mumbai Small Causes Court(BB), Mumbai
/home/steno41/Desktop/C.R.41/S.Mahale/handwritten order/164.21M AppealExh.101.12.21.odt rcp.
-- 1 of 1 --

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