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EXECUTION APPLN

AIRPORTS AUTHORITY OF INDIAVsSMT. SHAKUNTALA S. TANK +7 more

CNR MHCC010004222018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 04th January 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100547/2017
Registration Date
18 Dec 2017

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 07-02-2018
    Business: Parties and Advocate absent. Adjourned to 05/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-03-2018
    
    Date: 05-03-2018
    Business: Ms. Khushboo Agarwal I/b. M/s. M. V. Kini and Co., Advocate for Plaintiff present.  None for Defendant.  Ms. Agarwal applies for fresh notice.  Allowed.  Notice made returnable on 02.05.2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present. On request of Ms. Agarwal, for completing service, adjourned to 30/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For completing service adjd to 19/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Ms. Khushboo Agarwal I/b M/s. M. V. Kini and Co. Advocate for Plaintiff present.  For completing service adjd to 30/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff present.  Matter is t.o.b. by way of praecipe, marked as Exh.5.  On request of Ms. Khandare, for completing service, adjd to 26/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Ms. Vimal Khandare I/b M/s. M. V. Kini and Co., Advocate for Plaintiff, present.  On request of Ms. Khandare, adjd to 21/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Miss.Vimal Khandare, Advocate for plaintiff present.  Affidavit of Service dated 19/12/2018, tendered by Ms.Khandare, taken on record, marked as Exh-4.  Ms.Khandare states that notice could not be served and states that she has got new address of the defendants and intends to file application for amendment.  Hence, on request of ms. Khandare, adjourned to 03/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-01-2019
    
    Date: 03-01-2019
    Business: Miss. Vimal Khandare Advocate for plaintiff present. On request of Miss. Khandare, for taking instructions, adjourned to 18/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Miss. Vimal Khandare, advocate for plaintiff present. On request of Ms. Khandare, adjourned to 25/04/2019, for taking instructions.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Ms. Mitali Devkar, advocate for the plaintiff present. On request of Ms. Devkar, adjd to 24/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Shri. Chaitnaya Rane, advocate for the Plaintiff present. On request of Shri. Rane, for further steps, adjd to 14/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Ms. Sakshi Diwedi, advocate for the Plaintiff present. On request of Ms. Diwedi, for taking further steps, adjd to 30/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Ms. Vimal Khandare, advocate for the Plaintiff present.  Ms. Khandare, has tendered amendment application, taken on record and marked as Exh-05. Amendment allowed and notice after amendment be issued returnable on 16/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Ms. Vimal Khandare, advocate for the plaintiff present.
    Ms. Khandare states that whereabouts about of the defendant have been traced out and for taking further steps, on request of Ms. Khandare, adjd to 29/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Ms. Bhagyashree Kamat, advocate for the plaintiff present.
    Ms. Kamat has tendered affidavit of service t.o.r and marked as Exh.6.
    As per affidavit notice could not be served on the defendants and the defendant no.3 is reported expired.
    Ms. Kamat therefore seeks adjournment for taking further steps to bring on record the legal hairs of defendant no.3 and prays for substitute service against rest of the defendants. Allowed. Substitute service returnable on 11/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Ms. Bhagyashree Kamat Advoate for plaintiff present.
    On request of Ms. Kamat, for completing substitute service/for taking steps, adjd to 01/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Ms.Vimal Khandare, Advocate for Plaintiff present.
    On request of Ms.Khandare, for taking instructions, adjourned to 03/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Ms. Vimal Khandare advocate for plaintiff present.
    On request of Ms. Khandare adjourned to 27/04/2021 for taking instructions.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 15/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 08/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Parties and Advocate absent matter adjourned to 22/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Ms. Nishika Shetty advocate for plaintiff present.
    On request of Ms. Shetty matter adjourned to 22/12/2021, for steps by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    On request of Ms. Shetty, matter adjourned to 23/02/2022, for taking instruction in respect of substitute service.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Ms. Nishka Shetty, advocate for plaintiff present.
    On request of Ms. Shetty substitute service by way paper publication is allowed returnable on 22/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Shri Hrishikesh Guhagarkar, advocate for  plaintiff present.
    None for defendant.
    Shri Guhagarkar has tendered affidavit of service, stating that notice could not be served t.o.r and marked as Exh.7.
    He has also tendered affidavit of service in respect of service by way of publications t.o.r and marked as Exh.8.
    Shri Guhagarkar seeks time to take further instructions, and to take further steps, however, matter being old and whereabouts of the defendants are not within the knowledge of plaintiff, there is no point in keeping the matter pending.
    However, on request of Shri Guhagarkar, matter adjourned to 13/07/2022, making it clear that if no positive steps taken on that date, matter will be dismissed.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: As court is on leave, board discharged and adjourned to 22/07/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As court is on leave, board discharged and adjourned to 28/07/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Shri Hrishikesh Guhagarkar advocate for plaintiff present.
    Shri Guhagarkar has tendered application for issue of warrant of attachment u/o.XXI, Rule 43 and 54 of CPC, of the properties mention in the application at Bhayander address, t.o.r and marked as Exh.9.
    Upon perusing the application and upon hearing Shri Guhagarkar issue warrants of attachment as prayed for in the application (Exh.9) returnable on 23/09/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 11/11/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: As Court is on leave, board discharged and matter adjourned to 04/01/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Ms.Siddhi More, Advocate for plaintiff present.
    Ms. More submits that the properties sought to be attached are at Bhayander and as such, not within the jurisdiction of this Court.
    Ms. More therefore submits that she will file application for transfer of decree to the Court having jurisdiction.
    In view of this, there is no point in keeping the execution application pending on the file of this Court and the same stands disposed of accordingly.
    Certified copy of decree/order annexed with the present Exe.application be returned to the decree holder by keeping the true copy thereof on record.
    Certificate of non satisfaction of decree by this court, be also issued, if required by the decree holder.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 04-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100405/2018
    Filing Date: 18-12-2017
    First Hearing Date: 07th February 2018
    Decision Date: 04th January 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    1
    Final Order 1
    04 Jan 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100547/2017
    AIRPORTS AUTHORITY OF INDIA Vs SMT. SHAKUNTALA S. TANK
    Date : 04-01-2023
    Business : Ms.Siddhi More, Advocate for plaintiff present. Ms. More
    submits that the properties sought to be attached are at
    Bhayander and as such, not within the jurisdiction of this
    Court. Ms. More therefore submits that she will file
    application for transfer of decree to the Court having
    jurisdiction. In view of this, there is no point in keeping the
    execution application pending on the file of this Court and the
    same stands disposed of accordingly. Certified copy of
    decree/order annexed with the present Exe.application be
    returned to the decree holder by keeping the true copy thereof
    on record. Certificate of non satisfaction of decree by this
    court, be also issued, if required by the decree holder.
    Nature of Disposal : OTHERWISE
    Disposal Date : 04-01-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
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