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EXECUTION APPLN

K. ARCH ENGINEERINGVsMADHU SARITA APARTMENTS CO-OP. HOUSING SOC. LTD.

CNR MHCC01000421201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 04th May 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100382/2017
Registration Date
14 Sept 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: 01-02-2018
    Business: Parties and Advocate absent.  Adjourned to 08/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-03-2018
    
    Date: 08-03-2018
    Business: Parties and Advocate absent.  Adjourned to 11/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-04-2018
    
    Date: 11-04-2018
    Business: Miss. Yashashree Sutrale Advocate for plaintiff present. She prays for issue of warrant of attachment under order XXI Rule 43 and  54 of CPC without issuing Notice as the Execution Application is filed within two years of passing Decree. Hence, issue warrants as prayed for returnable on 05/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Parties and Advocates absent, adjourned to 03/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Parties and Advocate absent, adjd to 22/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Miss. Yashashree Sutrale Advocate for plaintiff present.  On request of Ms. Sutrale, adjd to 14/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: Parties and Advocate absent, adjd to 16/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Parties and Advocate absent, adjd to  29/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Parties and Advocate absent, adjd to  26/02/2019. Issue letter to advocate of plaintiff to appear before this court on next date to make submissions as to why matter should not be disposed of as no steps have been taken for issuance of warrants of attachment ordered on 11/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Mr. J. A. Patil I/b Yashashree Sutrale, Advocate for Plaintiff, present.  On request of Mr. Patil, for compliance of Order dated 11/04/2018, adjd to 13/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Shri. Rajesh Dhawale, holding for Miss. Yashashree Sutrale, advocate for plaintiff present. On request of Shri. Dhawale, adjourned to 13/06/2019, for compliance of order dt.11/04/2018 by extending the returnable date of warrants to 13/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Shri. Amol Bagat, advocate for the plaintiff present. On request of Shri. Bagat, adjd to 24/06/2019, by way of last chance to comply with the order dt.11/04/2018, in respect of issuance of warrants of attachment u/o.XXI Rule 43 and 54 of CPC.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Shri Amol Bagat, Advocate for Plaintiff present.  On request of Shri Bagat, finally adjourned to 01/07/2019, for compliance of order dated 11/04/2018, of issuance of warrant of attachment.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Shri. Bhaledra Thackre, advocate for the Plaintiff present. Shri Thackre assures that the order dt.11/04/2018 of issuance of warrant of attachment, will be complied within next few days and hence, on his request adjourned to 30/08/2019 for compliance, by extending the returnable date of warrant to 30/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Shri. Bhalindra Thakare, advocate for the Plaintiff present. Exe.application marked as Exh.-A(Colly). Shri. Thakare has tendered the Joint Vakalatnama of Abhishek Walwaikar and himself, advocates for the plaintiff, stating that the earlier advocate Shri. Vijay Sutrale has expired, taken on record and marked as Exh.-B. Shri. Thkare has also tendered application for amendment in respect of schedule of properties to be attached, taken on record and marked as Exh.-C. Amendment application allowed. Amendment be carried out as per rules and amended warrants be issued returnable on, 22/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Shri. Bhalindra Thackare, advocate for the Plaintiff present. Matter is taken on board by way of praceipe, marked as Exh-D. Shri. Thackare has tendered the application for extension of time, to carry out amendment, taken on record and marked as Exh-E. Upon hearing Shri. Thackare time to carry out amendment is extended till 15/10/2019 and amended warrants be issued, returnable on 22/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Shri. Abhishek Walwaikar, advocate for the plaintiff present.
    Ms.Rinkal Dhokia, advocate for the defendant no. 1 present.
    Shri. Walwaikar has tendered original warrant u/o.XXI Rule 54 of CPC, alongwith execution report endorsed thereon, t.o.r. and marked as Exh-F.
    Sheriff report bearing no. KKN/A-75685/1601/2019 dt.16/11/2019, under this office inward no.12261, dt,2/11/2019, t.o.r. and marked as Exh-G.
    Shri. Walwaikar seeks time to take further steps.
    Ms. Dhokia undertakes to file Vakalatnama and reply by next date.
    Hence, by consent, adjd to 30/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Shri. Bhalindra Thakare, advocate for the plaintiff present. Plaintiff present.
    Ms. Rinkle Dhokia, advocate for the defendant no.01 present.
    Ms. Dhokia has tendered the Vakalatnama of Monica Parikh and Co., advocate for the defendant no.01,  t.o.r. and marked as Exh-H.
    Ms. Dhokia seeks time to file reply stating that copy of exe.application has not been served upon the defendant.
    Shri. Thakare states that, he does not have copy of amended exe.application to serve the same upon the defendant.
    Hence, Ms. Dhokia states that, she will apply for the certified copy of the exe.application in order to file reply.
    Hence, by consent, adjd to 04/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Shri. Ahishek Walwaikar and Shri. Bhalindra Thakare, advocate for the plaintiff present.
    Ms. Rinkle Dhokia, advocate for the defendant no.01 present.
    Ms. Dhokia has tendered the reply, t.o.r. and marked as Exh-I. Copy of the said reply has been served upon the advocate for the plaintiff across the bar.
    Shri. Walwaikar seeks time to file rejoinder and on his request, adjd to 10/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Shri. Bhalindra Thackre, advocate for the plaintiff present.
    Ms. Rinkle Dhokia, advocate for the defendant no.01 present.
    Shri. Thackre has tendered affidavit for sale, t.o.r. and marked as Exh-J.
    Copy of the said affidavit has been served upon the advocate for the defendant across the bar.
    Shri. Thackre seeks time to file rejoinder to the reply filed by the defendant no.01.
    Hence, for rejoinder of the plaintiff and for reply of the defendant no.01 to the affidavit filed by the plaintiff today, by consent, adjd to 18/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Shri. Bhalindra Thackre, advocate for the plaintiff present.
    Ms. Rinkle Dhokia, advocate for the defendant present.
    As Court is on leave, board discharged and adjd to 01/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Shri. Abhishek Walwaikar, advocate for the plaintiff present.
    Ms. Rinkle Dhokiya, advocate for the defendant present.
    Shri. Walwaikar has tendered affidavit in rejoinder of the plaintiff, t.o.r. and marked as Exh-K.
    Shri. Walwaikar states that as the matter has become contested it may referred to the Honourable Court.
    Hence, the matter is hereby submitted to the Honourable Court as per assignment on 15/02/2020.
    Office to take steps to assign the matter to the Honourable Court .
    Parties and Advocates to appear before the Honourable Court on 15/02/2020, as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Adv. Abhishek Walwaikar with Adv. Thakre for DH present and filed application for production of documents and list of documents. Ld. counsel for JD has no objection for production of documents.
    Application for production of documents filed on behalf of DH. O-permission granted to produce the documents as prayed in application.
    List of documents. TOR.
    Adv. Rinkal Dhokiya for JD present.
    Matter stands Adj for hearing to 07.03.2020.
    Next Purpose: HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv. Walvaikar for DH present and tendered warrant of sale under O/21, R/66 of CPC.
    Warrant of sale under O/21, R/66 of CPC.
    Adv. Rinkal Dhokiya I/b Monika Parekh and Co. for Defendant no. 1 present and seeks adjournment on the ground that her senior is out of town.
    Heard Ld. counsel for DH on the objections raised by defendant no. 1.
    In view of the oral submissions made on behalf of Ld. counsel for defendant no. 1, short adjournment granted as a last chance for hearing on the objections.
    Matter stands Adj for hearing on the objection to 04.04.2020.
    Next Purpose: HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Hearing to 29.01.2021
    Next Purpose: HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None present.
    The case is adjourned to 01.03.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None present.
    The case is adjourned to 28.04.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Matter called out at 11.32 a.m.
    Adv. Q. S. Kapasi I/b Walwaikar Law Associates for decreeholder present.
    Heard decreeholder.
    Matter stands adjourned to 07.09.2021 for hearing of judgment
    debtor.
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. Q. S. Kapasi I/b Abhishek Valvaikar for decreeholder present
    Adv. for defendant.
    Matter stands adjourned to 23.09.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Matter called out at 11.40 a.m.
    None present
    Kept back.
    Later on at 05.15 p.m.
    None present.
    Matter stands adjourned to 30.10.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Matter called out at 11.26 a.m.
    Adv. Q. S. Kapasi for DH present.
    Heard Ld. Advocate for DH.
    After attachment of property of Defendant, the plaintiff sort issuance of warrant of sale.  The defendant No.1 tendered objection.  But, since long none present for the defendant.  Hence, objection stands rejected.  Issue warrant of sale as prayed by the DH.
    Send the matter to the concern Registrar for fixing the schedule.
    Matter stands adjourned to 18.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Matter mentioned at 2.55 p.m.
    Adv. Q. S. Kapasi for DH present.
    Compliance done.
    Matter stands adjourned to 29.01.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Matter called out at 12.54 p.m.
    Adv. Q. S. Kapasi for DH present. He is seeking extension of possession warrant.
    O-It is extended upto 30.06.2022.
    None present for JDR.
    Matter stands adjourned to 01.07.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv. Kapasi for DH present. He is seeking time for extension for issuance of execution of warrant of sale. As per his contentions, the Court Commissioner dept. is seeking time for 6 months.
    O-Extended as prayed.
    None present for JDR.
    Matter stands adjourned to 17.01.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: None present.
    Matter stands adjourned on 28.04.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: By precipe.
    None present for DH.
    Adv. Monica Parikh and Co. for JD present. She tendered vakalatnama. TOR. Exh-2. She tendered draft NM a/w affidavit in support.
    O-Leave granted to register draft NM.
    Draft Motion is handed over to the advocate of JD.
    Matter already adjourned on 28.03.2023 for NM reply/ steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present.
    Matter stands adjourned on 28.04.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Preeti Pande I/b Adv. Princee Vaishnav for DH present.
    Adv. Rutuja Joshi a/w Adv. Kinjal Shah I/b Adv. Monica Parikh for JD present.
    The advocate JD has tendered a DD of Rs.6,17,892/- to the advocate DH and has accepted the same reserving right to make calculation and claim if any to remaining amount.  Hence, the DH shall not proceed against the JD till further order.
    Matter stands adjourned on 30.06.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: As P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None for Plaintiff present.
    Adv Rujuta Joshi a/w Kinjal Shah I/b Monica Parikh for defendant present.
    Plaintiff absent, failed to file reply hence, put up for no reply order.
    L.O. Second Session at 4.00 pm.
    Adv Preeti Pandey I/b Princee Vaishnav for Plaintiff present and tendered draft NM a/w affidavit in support. TOR. O-Leave granted to register draft NM. Draft NM handed over to party for registration.
    Matter stands adjourned on 21-10-2023 for no reply order.
    Next Purpose: ORDER
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Plaintiff in person present and seeks time for file reply to NM. O  granted as last chance.
    Adv Kinjal Shah present for defendant.
    Plaintiff tendered registered NM No. 3057/2023. TOR.
    Defendant filed Affidavit in reply to NM No. 3057/2023. TOR. Copy served on Plaintiff.
    Plaintiff failed to file reply to NM No. 1406/2023.
    Matter stands adjourned on 03-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: None present for plaintiff.
    None present for defendant.
    L.O. @ 3.45 p.m.
    Rutuja Joshi a/w Kinjal Shah h/f Monica Parikh for deft. no. 1 present.
    Adv. Tahia Sayyed h/f Adv. O.R. Tiwari present for plaintiff and she tender V/N and draft C/S alongwith affidavit. She also filed rejoinder to NM. No. 3057/2023 and she also file reply to N.M. No. 1406/2023.
    Copies already served to Deft.
    Due to formation of new court and change of assignment. Matter is adjourned.
    Matter adjourned for NM hearing to 19/01/2024 at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO.61
    Adv. Rujuta Joshi a/w Adv. Kinjal Shah i/b Adv. Monica Parikh for JD present and seeks time to file reply on next date. O- granted as last chance.
    Adv. Tiwari for DH present.
    Due to formation of new court and change of assignment last chance granted to file reply to JD.
    Matter adjd for filing reply by JD. To 20-02-2024.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    DH/plaintiff in person present.
    Adv. Rujuta Joshi a/w Adv. Kinjal Shah i/b Adv. Monica Parikh  for JD/defendant present and filed  reply to chamber summons No.13/24, NM. No. 3057/23, NM. No.1406/13 . t.o.r.
    Matter adjourned for arguments to 19-03-2024
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    DH/plaintiff in person present and filed adjournment application t.o.r. and marked as Exh.02  O- Time granted.
    Adv. Rujuta Joshi a/w Adv. Kinjal Shah i/b Adv. Monica Parikh for JD/defendant present.
    Ld counsel for the JD submitted that JD is ready to compromise the matter hence, matter is referred for mediation .
    By consent matter adjourned for mediation report to 23-04-2024.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    DH/Plaintiff in person present.
    Adv. Rujuta Joshi a/w Adv. Kinjal Shah for JD/defendant present and submitted that on next date after receiving the report they will file an application as matter will be settled before the mediator Judge.
    Matter adjourned for mediation report to 04-05-2024.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Owner of DH/plaintiff present.
    Adv. Rutuja Joshi a/w Adv. Kinjal Shah i/b Monika Parikh alongwith  JD/defendant present.
    Exh.03-A Mediation letter.
    Exh.04 mediation report along with settlement pursis (settled) received from mediation department.
    Adv. for JD present and filed pursis t.o.r. and marked as Exh.05.O- seen.
    Order below Exh.01
         Today the plaintiff / DH in person and defendant No.1 are present.  They both filed pursis Exh.05 stating that present execution application only against defendant No.1 and no prayer /relief is asked against defendant No.2.  So execution application be disposed of in terms of the report about settlement Exh.04 received from Meditator Judge.  Accordingly, the plaintiff in person and defendant No.1 both submitted that today settlement report received from the mediator Judge and in that light the EA disposed of. They both also submitted that the other Notice of Motion Nos. 3057/23 and 1406/23  and Chamber Summons No.13/24 be also disposed of.  In view of this and the matter being settled between the parties as per report Exh.04 coupled with minutes of order, the EA stands disposed of being settled and also NM and CS stands disposed of being main EA settled before the Mediator Judge.  The Ld. counsel as well as both the parties made submission that there is no any appeal, revision, stay /Writ petition arising out of the order if any passed in these proceedings.
    Nature Of Disposal: OTHER
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100411/2018
    Filing Date: 14-09-2017
    First Hearing Date: 01st February 2018
    Decision Date: 04th May 2024
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 May 2024

    Order Details: Other Pdf Text: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 Owner of DH/plaintiff present. Adv. Rutuja Joshi a/w Adv. Kinjal Shah i/b Monika Parikh alongwith JD/defendant present. Exh.03 Mediation letter. Exh.04 mediation report along with settlement pursis (settled) received from mediation department. Adv. for JD present and filed pursis t.o.r. and marked as Exh.05.O- seen. Order below Exh.01:- Today the plaintiff / DH in person and defendant No.1 are present.…

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