DAYARAM RAMBALI VISHWAKARMAVsHABIB MOHAMED SOLANKI

Date: 08-02-2018
Business: Adv. Bhatia with Adv. Rajabally for D.H. present.
None for J.D.
 Awaited for report.
Adjd for report on 16.02.18.
Next Purpose: REPORT
Next Hearing Date: 16-02-2018

Date: 16-02-2018
Business: Adv. Bhatia for DH present.
  Notice is extended till next date.
None for JD.
Adjd for report on 26.02.18.
Next Purpose: REPORT
Next Hearing Date: 26-02-2018

Date: 26-02-2018
Business: None for DH. None for JD.
Adjd for report on 28.03.18.
Next Purpose: REPORT
Next Hearing Date: 28-03-2018

Date: 28-03-2018
Business: Adv. A.M. Rajabally for DH absent.
none for JD.
Adjd for report of service of notice to JD, if not served, time is extended till next date for DH to serve the notice to JD on 20.06.18.
Next Purpose: REPORT
Next Hearing Date: 20-06-2018

Date: 20-06-2018
Business: None present for the Decree Holder.
None present for the Judgment Debtor.
Matter adjd. to 20.08.2018 for report.
Next Purpose: REPORT
Next Hearing Date: 01-08-2018

Date: 01-08-2018
Business: Adv. Ms. Bhatia for D/H present.
None present for J/D present.
Copy of bailiff report tendered by D/H. t.o.r.
Matter is adjd. to 1.09.2018 for steps by the d/h/ awaiting report of bailiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: Adv. Ms. Bhatia for decree holder present.
None present for J/D.
Matter is adjd. to 19.12.2018 for steps by the D/H.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Adv. Mr. Bhatia for decree holder present.
None present for defendant.
Draft Notice of Motion alongwith affidavit in support taken out by the decree holder. t.o.r. Leave granted to register.
Time is extended to execute earlier issue possession warrant as prayed by the decree holder.
Matter is adjd. to 25.02.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Resumed.
The P.O. is busy in hearing ad-interim arguments in Suit No. 650/2019 and 588/2019.  For want of time the board is discharged.
Adjd for report to 03.06.2019.
Next Purpose: REPORT
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: None present.
Adjourned for steps to 4.7.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Decree holder present.
None present for JD.
DH to take steps.
Adjourned for taking steps to 27.8.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv. Bhatia for Decree holder present.
None present for JD.
The ld. Advocate for Decree Holder tendered registered NM No.  4875/2018.
Adjourned for reply to NM to 10.10.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: By precepie.
Adv. Bhatia for DH present.
Application is filed by the DH for extension of the execution of warrant of possession.
The warrant of possession is extended.
Matter is already adjourned to 10.10.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: By precepie.
Adv. Bhatia for DH present.
Application is filed by the DH for extension of the execution of warrant of possession.
O-Warrant of possession is extended as prayed.
Matter is already adjourned to 10.10.2019.
Next Purpose: HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. Bhatia for DH present.
None present for JD.
Adjourned for hearing to 29.11.2019.
Next Purpose: HEARING
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adv. Mr. Rajabally for D.H Present.
Ld Counsel for Decree Holder tendered Draft  N/M
Leave is granted to register of Notice of Motion.
Matter is adjd to 10.02.2020 for N/m Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Rajabally for DH present.
JD no.2 present.
Adv. Rajabally tendered registered N/M no.4584/19. T.O.R.
JD no.2 submitted that he does not wish to contest the N/M.
The matter is adjd for hearing on N/M to 21.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv. Bhatia along with Rajabally for DH present.
JD present.  The obstructionist in N/M no.4875/18 despite service failed to appear.  Hence, N/M no.4875/18 to proceed in absence of the obstructionist.
Heard argument of DH on N/M no.4875/18 and 4584/19.
The matter is adjd for order on N/M no.4875/18 and 4584/19 to 11.03.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Bhatiya along with Adv. Rajabally for DH present.
None for JD.
F.R.S.R. following order is passed -
ORDER
1.  N/M No.4875/2018 is made absolute in terms of prayer clause (a).
2.     N/M No.4875/2018 is disposed off accordingly.
F.R.S.R. following order is passed -
ORDER
1.  N/M No.4584/2019 is allowed in terms of prayer clause (a) to (c).
2.  DH to deposit necessary charges with the concerned authority for the police protection.
3.     N/M No.4584/2019 is disposed off accordingly.
The matter is adjd for compliance to 04.05.2020 at    02.45 pm.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2020

Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 26-05-2020

Date: 26-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 14.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Bhatia for DH present.
None for JD.
Adv. for DH filed application for extension of possession warrant.
ORDER BELOW EXH.5
Read application.  Heard.  Considering the ground mentioned in the application, the execution of possession warrant is extended as prayed.  Application (Exh.5) is disposed of accordingly.
The matter is adjd for report to 24.03.2021.
Next Purpose: REPORT
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Bhatia for DH present.
None for JD.
Ld. counsel for DH seeks extension of possession warrant for four weeks.  Granted.
The matter is adjd for report to 03.07.2021.
Next Purpose: REPORT
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order no.106/2021 dated 14.06.2021, holiday declared on Saturday hence matter adjourned to 01/09/2021.
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv. Bhatiya for DH is present.
None for JD.
She has filed an application for extension of possession warrant t.o.r marked as Exh.6. Order- Perused the application. Considering the reasons mentioned, the execution of possession warrant is extended as prayed. Application Exh.6 is allowed and disposed of.
Matter adjd for return of report on 09.12.2021.
Next Purpose: REPORT
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Bhatiya for decree holder.
Application filed by the advocate for the defendant t.o.r. marked as Exh.7
Order passed  on the application.
Perused the application and record.  Heard.
Also perused previous orders.  Considering overall circumstances application Exh.7 is allowed in terms of prayer clause subject to compliance of necessary formalities as per rules.
Matter is adjd to 28.02.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Bhatiya for DH present.
None for JD.
Matter is adjd to 21/06/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: By Precipe.
NOB.TOB.
Adv. Bhatiya for DH present.
None for JD.
Adv for DH filed and application.  TOR.  Marked as Exh. 8.
Order below Exh. 8-
Perused the application which is on affidavit.   Also perused the report of sheriff of Mumbai.  Considering the report of bailiff, it is necessary to remove the obstruction created by the JD for complete satisfaction of the decree, hence application Exh. 8 is allowed in terms of prayer clause.  All concerned to act upon.  Application Exh. 8 is disposed of accordingly.
Matter is already adjd to 21/06/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Bhatiya for DH is present.
None for JD.
On oral request of Adv.for DH matter adjourned for hearing.
Matter adjd to 30.06.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: P.O. is on leave. Matter adjd to 04/07/2022 for hearing
Next Purpose: HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Bhatiya for DH is present.
None for JD.
Sheriff Mr. D.S. Choudhari is present.
Matter adjd to 01.08.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022

Date: 23-09-2022
Business: By Praecipe.
NOB.TOB.
Adv. Bhatiya for DH is present.
The Ld. Adv.for the plaintiff has returned the warrant of possession a/w Bailiff report wherein she is contended that the decree was fully satisfied on 13.09.2022.
However, it reveals that due to oversight on the previous date the execution proceeding is disposed of and removed from the CIS. In fact possession warrant was extended for three months and one application filed by Mohd. Akram Shaikh was rejected. Therefore, the execution application 528/17 be restore.
In view of submission of Ld. Adv.for DH that the decree is fully satisfied the execution proceeding is hereby disposed of as fully satisfied.
Nature Of Disposal: OTHERWISE
Disposal Date: 23-09-2022

Date: 23-09-2022
Business: By Praecipe.
NOB.TOB.
Adv. Bhatiya for DH is present.
The Ld. Adv.for the plaintiff has returned the warrant of possession a/w Bailiff report wherein she is contended that the decree was fully satisfied on 13.09.2022.
However, it reveals that due to oversight on the previous date the execution proceeding is disposed of and removed from the CIS. In fact possession warrant was extended for three months and one application filed by Mohd. Akram Shaikh was rejected. Therefore, the execution application 528/17 be restore.
In view of submission of Ld. Adv.for DH that the decree is fully satisfied the execution proceeding is hereby disposed of as fully satisfied.
Nature Of Disposal: OTHERWISE
Disposal Date: 23-09-2022

Main Case No: SUIT/0109872/1999
Main Cnr: MHCC010082041999
Main Filing No: 111447

Registration Number: 100528/2017
Transfer Date: 08-01-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 100334/2018
Filing Date: 07-12-2017
Decision Date: 23rd September 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE