JAYESH HIMATLAL PANDYAVsTARABEN UMEDLAL DOSHI AND ANR.

Date: 15-01-2018
Business: Parties and Advocates absent.
Adjourned to 27.02.2018.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2018

Date: 27-02-2018
Business: Ms. Jacinta D\''Silva, Advocate for Plaintiff present.  None for Defendant.  Ms. D\''Silva prays for issuance of Warrant of Attachment u/o. XXI r. 43 and 54 of CPC against Judgment Debtor, without issuing notice u/o. XXI r. 22 of CPC, as the Execution Application is filed within 2 years from the Decree.  Advocate for Plaintiff further states that the Decreetal amount will not be realised unless Warrant of Attachment for both, movable and immovable property u/o. XXI r. 43 and 54 of CPC, are issued.   Hence, upon perusing the Affidavit, issue Warrant of Attachment u/o. XXI. r. 43 and 54 of CPC as prayed, returnable on 18/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Business: Smt. Jacinta D\''silva, Advocate for Plaintiff present. Matter is taken on board by way of praecipe, which marked as Exhibit 4. Ms. D\''silva,tenders application for amendment of the description of the immoveable property to be attached, the same is taken on record and marked as Exhibit 5. Application allowed, Exe.Application be amended and consequential amendment be carried out in the warrant and  amended warrant is now made returnable on 18/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2018

Date: 05-05-2018
Business: Shri Vasant Bansode, Advocate for Applicant Mudra Dinesh  Doshi Present.  Shri Datta Sawant, representative of Plaintiff is present. Matter is not on board, taken on board as mentioned by Shri Bansode.  Vakalatname for applicant tendered by Shri Bansode, is taken on record and marked as Exhibit -6.  Application Dtd.05/05/2018 tendered by Shri Bansode, is taken on record and marked as Exhibit-7.  As Shri Bansode intends to take out appropriate proceeding before the Hon\''ble Court, representative of plaintiff undertakes that the plaintiff will not proceed further in the matter of warrants of attachment.  Matter is already adjourned to 18/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Smt. Jacinta D\''silva, Advocate for Plaintiff present.  Shri Vasant Bansode, Advocate for Applicant present.  Application for permitting the Plaintiff to withdraw the attachment warrant on Flat No.10 of Building Prerna and for issue of attachment warrant in respect of Flat No.12, tendered by Smt. D\''silva is t.o.r. and marked as Exh.8.  Shri Bansode, Advocate for Applicant states that on account of mistake on the part of Plaintiff, his client has suffered mental harassment, for which he intends to file application for compensation.  Today he has filed application seeking time to file \''Say\'' and to file application for compensation, which is t.o.r. and marked as Exh.9.  Considering the application filed by Smt. D\''silva, the same is allowed.  The warrant of attachment wrongly issued on Flat No.10 is hereby raised and fresh warrant be issued in respect of Flat No.12, returnable on 03/07/2018 by amending the Execution Application.  Office of Sheriff to act on copy of this order duly authenticated by the Sheristedar of this Court.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2018

Date: 03-07-2018
Business: Mr. Vasant Bansode, Advocate for Applicant Mrs. Mudra Dinesh Doshi, present.  None for Plaintiff and Defendant.  Since, Court is on leave, board discharged and adjd to 13/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Smt. Jacinta D\''silva, Advocate for Plaintiff present.  Shri Vasant Bansode, Advocate for Applicant present.  Shri Bansode filed his Vakalatnama, by reserving right to file application for compensation for agony caused to his party.  The same is t.o.r. and marked as Exh.10.  With the objection of Shri Bansode Chamber Order for raising the attachment levied on Flat No.10 alongwith the Affidavit-in -support thereof, tendered by Smt. D\''silva is t.o.r. and marked as Exh.11 (colly.).  Chamber Order signed separately.  Returnable date of warrant issued on correct address is extended till 06/08/2018.  By consent, adjd to 06/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Ms. Jacinta D\''Silva, Advocate for Plaintiff, present.  Ms. D\''Silva prays that returnable date of warrant be extended.  Allowed.  Returnable date extended till 06/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Smt. Jacinta D\''Silva, Advocate for Plaintiff, present.  Ms. Seema Kulkarni I/b Shri Vasant Bansode, Advocate for Applicant present. Sheriff\''s report bearing No.SJD/A-99925/1420/2018, dated 20/08/2018, under this office Inward No.8942, dated 21/08/2018, in respect of raising of attachment of Flat No.10, 3rd Floor, Prerna Building, Near Corporation Bank, Azad Nagtar Lane No.3, Off. Veera Desai Road, Andheri (West), Mumbai-400 058, is t.o.r. and marked as Exh.12.  By consent, adjd to 08/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 08-10-2018

Date: 08-10-2018
Business: Parties and Advocate absent, adjd to 09/10/2018 alongwith M.A. No.41 of 2018.
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Mr. Datta Sawant, Representative of Plaintiff present.  Adjd to 02/11/2018 alongwith M. A. No.41 of 2018.
Next Purpose: FOR___________________
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: Ms. Jacinta D\''Silva, Advocate for Plaintiff, present.  On request of Ms. D\''Silva, adjd to 21/11/2018 alongwith Misc. Appln. No.41 of 2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Ms. Jacinta D\''Silva, Advocate for Plaintiff, present.  On request of Ms. D\''Silva, adjd to 08/01/2019 alongwith Misc. Appln. No.41 of 2018.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: Miss. Jacinta D\''Silva, Advocate for plaintiff present. Miss. D\''Silva has tendered chamber order alongwith the affidavit in support of the same for amending the Exe. Application and for issuing warrants of attachment after amendment. Upon hearing Ms. D\''Silva and upon perusing the affidavit, chamber order signed separately. Fresh warrants be issued after amendment returnable on 10/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Shri. Mangal Shah, C.A. of plaintiff present. On request of Shri. Shah, returnable date of warrant is extended till 18/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Shri. Laxman Jain, advocate for the Defendant present. Plaintiff present. Shri. Jain states has tendered the Vakalatnama of Yogesh No. Adhia for defendant no.4, taken on record and marked as Exh.13. Shri. Jains states that  the matter has been settled for filing an application to that effect, on his request, adjd to 19/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Ms. Jacinta D\\\''Silva, advocate for the Plaintiff present. Shri. Laxman Jain, advocate for the defendnat no. 4 present. Shri. Jainb has tendered the application for cancellation of warrant of attachment dt.16/01/2019, stating that the decree has been the defendant no.4 has been settled, taken on record and marked as Exh.14. Ms. D\\\''Silva has endorsed on the said application that she has no objection to raze the attachment against defendant no.4 and further endorsed to discharge the defendant no.4 from the decree on his part and to proceed against remaining the Judgment Debtor. Ms. D\\\''Silva has tendered Consent Terms dt.14/03/2019, signed by the Plaintiff, the defendant no.4 and by the respective advocates, taken on record and marked as Exh.15. In view of this, exe.application against defendant no.4 stands disposed off and warrants of attachment issued against defendant no.4 are hereby razed. For proceedings against remaining judgment debtors, on request of Ms. D\\\''Silva, adjd to 02/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Ms. Jacinta D\''Silva, advocate for the Plaintiff present. On request of Ms. D\''Silva, for taking steps, against defendant no.03, adjd to 08/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Ms. Jacinta D\''Silva, advocate for the Plaintiff present. Ms. D\''Silva, tendered affidavit of plaintiff for proceeding against Defendant no.03, taken on record and marked as Exh.16. Ms. D\''Silva states that warrant of attachment against the property of the defendant no.03 has already been issued, returnable date of which may be extended. Hence, on request of Ms. D\''Silva, returnable date of warrant of attachment is extended till 23/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Ms. Jacinta D\''Silva, advocate for the Plaintiff present. Shri. Ashish Kanojia, advocate for defendant no.3 present. Plaintiff and defendant no.03 present. Matter is taken on board by way of Praceipe, marked as Exh.17. Ms. D\''Silva has tendered Consent Terms between the plaintiff and defendant no.3 signed by plaintiff and defendant no.03 and by their respective advocates. Plaintiff and defendant no.03 admit the contents of Consent Terms, hence, Consent Terms read and recorded, taken on record as marked as Exh.18. Ms. D\''Silva states that warrant issued against defendant no.3 be razed and she further states that exe.application against defendant no.4 has already been withdrawn and as against rest of the defendants execution proceeding are transferred to the Pune Court and she therefore, submits that nothing survives in the present exe.application and it may be marked as disposed off. Hence, exe.application is hereby disposed off. Warrants of attachment issued against defendant no.03, if any, are hereby razed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-08-2019

MISC APPLICATION/100041/2018

Filing Number: 100220/2018
Filing Date: 15-12-2017
First Hearing Date: 15th January 2018
Decision Date: 28th August 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI