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EXECUTION APPLN

TARUN KESHRICHAND SHAHVsRADHA SILK MILLS LTD

CNR MHCC01000398201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th November 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100450/2017
Registration Date
03 Nov 2017

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 06-02-2018
    Business: Parties and advocate absent.  Adjourned to 14/02/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-02-2018
    
    Date: 14-02-2018
    Business: Parties and Advocate absent. Adjourned to 14/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-03-2018
    
    Date: 14-03-2018
    Business: Parties and Advocate absent.  Adjourned to 03/05/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Parties and Advocate absent.  Adjd to 08/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Parties and Advocate absent.  Adjd to 10/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Parties and Advocate absent.  Roznama shows that none appeared since last five dates.  Hence, issue letter to advocate for plaintiff, informing that upon failure to appear before this Court on next date, matter will be placed on board for dismissal. S.O. to 01/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Ms. Radha Agrawal I/b M/s. Ashwin Ankhad and Asso., Advocate for Plaintiff, present. Ms. Agrawal prays for issue of Warrant u/o.XXI Rule 43 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrant as prayed for, returnable on 01/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-12-2018
    
    Date: 01-12-2018
    Business: Ms. Radha Agrawal I/b M/s. Ashwin Ankhad and Asso., Advocate for Plaintiff, present.  Since, Court is on leave, board discharged and adjd to 07/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Miss. Radha Agrawal, Advocate for plaintiff present. Execution application marked as Exh-A (Colly). Matter is taken on board by way of praecipe, marked as Exh-B. Application for amendment tendered by Miss. Agarwal, is taken on record and marked as Exh-C. As the matter is already adjourned to 07/12/2018, hence adjourned to 07/12/2018, for order on application for amendment.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: Parties and Advocate absent, adjd to  11/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Miss. Radha Agarwal, Advocate for plaintiff present. Upon perusing  the application for amendment and upon hearing Miss. Agarwal application for amendment allowed. After amendment in Exe. Application warrant u/o. XXI Rule 54 of CPC, be issued returnable on 30/03/2019. Miss. Agarwal undertakes to raze the warrant u/o.XXI Rule 43 of CPC, issued earlier in the matter as the defendant has no movable property.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Miss. Radha Agrawal, advocate for plaintiff present. Shri. Prashant Gavai and Shri. Abhishek Matkar, advocates for third parties are present. Ms. Agarwal has tendered Sheriff Report Bearing No.SJD/A-73121/499/2019, dt.22/03/2019, taken on record and marked as Exh.D. Ms. Agrawal has also tendered original warrants(two in number ) u/o.XXI Rule 54 of CPC, taken on record and marked as Exh.E (Colly). Shri. Gavai has tendered the Vakalatnama of one of the third parties, taken on record and marked as Exh.F. Shri. Gavai seeks time to file reply. Shri. Matkar, advocate for the another third party, undertakes to file Vakalatnama and reply by the next date. Ms. Agrawal seeks time to take steps for issue of warrant of sale. Hence, by consent, adjd to 03/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Miss. Radha Agrawal, advocate for plaintiff present. Shri. Prashant Gavai and Shri. Abhishek Matkar, advocates for third parties are present. Shri. Gavai has tendered reply of the third party, by name Madhulika Kejriwal, taken on record and marked as Exh.G. Shri. Matkar has also tendered Vakalatnama for the third party/obstructionist, by name Radhaballabh Kejriwal and also reply of the said third party, taken on record and marked as Exh.H and I respectively. As such, as the matter has become contested and as the  advocate for plaintiff is intending take out appropriate proceeding before the court against the obstructionists, the matter is hereby submitted to the Honourable Court on 04/04/2019. Office to take steps to assign this matter to the Cour No.28. Parties and advocates to appear before the Court No.28 on 04/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv for DH Ms.Radha Agarwal present
    Adv for third party Mr. Gawai and Abhishekh present
    Adv for DH requested for adjournment
    O-Granted
    Matter is Adjd for Hearing to 07/06/2019
    Next Purpose: HEARING
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Adv for DH Intervenent Ms.Radha Kejriwal present
    Adv for deft Mr.Abhishekh present
    Adv for DH filed reply to the application of proposed intervenent Radha Ballah Kejriwal and Madhulika Kejriwal
    Matter is Adjd for Hearing to 28/08/2019
    Next Purpose: HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv.Ayush Singri for DH.
    Adv. Abhishek Matkar for Applicant.
    Ld Advocate for applicant has submitted that he intends to file
    Additional affidavit to support his claim.
    Application for sale of attached property filed by Adv for DH.
    From the record it can be seen that the factory bearing no.30
    situated at Andheri and factory at plot no.6 situated at
    Jogeshwari are attached. The decree is for Rs. 8,31,256.37/- The
    applicant has objections regarding to the factory of plot no.6.
    Therefore the sale of factory bearing no.30 at Andheri can be
    proceeded.  Sheriff is directed to take out proceedings for
    auction and sale of factory at Andheri. Warrant of sale is issued
    accordingly.
    Adjd for compliance/ further affidavit of applicant to 9/10/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv. Agarwal for DH present.
    Adv. Abhishek Matkar for Applicant present.
    Exh.   - Claim petition filed by Adv. for applicant.
    Adjd to 21/12/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Court is on leave.
    Matter adjd to 05/03/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Adv. Ayush singh for DH.
    Adv. Deepak for applicant filed register Ch/s 259/20 @ affidavit and register NM 656/20 @ affidavit.
    Adjd for reply to 29-07-2020
    Next Purpose: REPLY
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: By precepee
    plaintiff present.
    Adv Radha Agarwal for plaintiff present.
    She filed withdrawal application cum pursis. Exh- J t.o.r
    Order - verified read and recorded.
    As the plaintiff withdrawn the Execution application the
    same is disposed.
    None for Defendant.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-11-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100403/2018
    Filing Date: 03-11-2017
    First Hearing Date: 06th February 2018
    Decision Date: 05th November 2020
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Nov 2020
    Order Details: Other
    Pdf Text: 4 Dt: 05.11.2020
    EA 450/17
    CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
    By precepee
    plaintiff present.
    Adv Radha Agarwal for plaintiff present.
    She filed withdrawal application cum pursis. Exh J t.o.r
    Order verified read and recorded.
    As the plaintiff withdrawn the Execution application the
    same is disposed.
    None for Defendant.
    Judge
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