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EXECUTION APPLN

M-S. S.M. CONSTRUCTIONS CO.VsM-S. NATIONAL INDIA CONTRACTORS AND ENGINEERS AND ORS.

CNR MHCC01000451201885-COURT NO 85 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100611/2016
Registration Date
03 Dec 2016
Next Hearing Date
23 Oct 2026
Case Stage
REPLY

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: 08-02-2018
    Business: Parties and Advocate absent. Adjourned to 15/03/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-03-2018
    
    Date: 15-03-2018
    Business: Mr. Vasim Siddiqui h/f J. M. Siddiqui, Advocate for Plaintiff, present.  Mr. Siddiqui applies for amendment in the returnable date of warrant of attachment already issued.  Affidavit dated 26/12/2017 t.o.r. and marked as Exh 4.  Amendment allowed, as per Chamber Order separately issued.  For the present, adjourned to 21/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Parties and Advocate absent.  Adjd to 28/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Parties and Advocate absent, adjd to 25/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Parties and Advocate absent, adjd to 17/12/2018, as the returnable date of warrants is extended till 17/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Mr. Balbheem Patil, Advocate for Defendant present.  None for Plaintiff. Vakalatnama tendered by Mr. Patil, t.o.r. and marked as Exh.5.  On request of Mr. Patil, for reply of Defendant adjd to 08/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Miss. J.M. Siddqui, advocate for plaintiff present. Shri. B.S. Patil, advocate for defendant present. Ms. Siddqui, has tendered original warrant u/o. XXI Rule 43 (two in number) and 54 (two in number) of CPC, taken on record and marked as Exh. 6 (Colly) and 7 (Colly) respectively. Sheriff Reports bearing no. PVK/A-5251/2148/2018, dt. 03/12/2018 under this office inward no. 13789, dt. 18/12/2018 and No. PVK/A-5251/2149/2018, dt 03/12/2018, under this office inward no. 13788, dt. 18/12/2018, in respect of attachment warrant issued on 16/12/2016, taken on record and marked as Exh. 8 and 9 respectively. Shri. Patil has tendered affidavit in reply of the defendant no.3, on behalf of defendant no. 1,3 and 4, taken on record and marked as Exh. 10. Copy of reply has been served upon advocate for plaintiff across the bar. Shri. Patil has also furnished list of heirs of defendant no.2 to the advocate for plaintiff. Advocate for plaintiff seeks time to file rejoinder and to take steps and by consent adjourned to 22/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Miss. J. M. Siddiqui, advocate for plaintiff present. Shri. B. S. Patil, advocate for defendant present.  Miss. Siddiqui has tendered Chamber Order for amendment in the exe.application and for issue of fresh warrants after amendment. Ms. Siddiqui has also tendered affidavit in support of Chamber Order, taken on record and marked as Exh. 11. Shri. Patil has no objection for the same. Chamber Order signed separately. Amendment be carried out within two weeks and fresh warrants after amendment are made returnable on 27/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Miss. J.M. Siddqui, advocate for plaintiff present. Shri. B.S. Patil, advocate for defendant present. Ms. Siddqui has tendered rejoinder of plaintiff to reply of the defendant, taken on record and marked as Exh.12. Copy of rej-oinder has been served upon Shri. Patil by Ms. Siddqui across the bar.Shri. Patil seeks time to go through the same and to counter the same. Hence, by consent, adjd to 09/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Ms. J.M. Siddqui, advocate for plaintiff present. Shri. B.S. Patil, advocate for defendant present. Shri. Patil has tendered sur-rejoinder of the defendants 1,3 and 4 to the rejoinders of the plaintiff, taken on record and marked as Exh.13. Shri.Patil has also tendered objectionof the Judgement Debtor no 1,3 and 4 to order dt.22/02/2019, taken on record andmarked as Exh.14. Copies of both have been served upon advocate for plaintiff across the bar. Shri.Patil states that matter may be referred to the Honourable Court as become contested. Hence, matter is hereby submitted to the Honourable Court on 18/06/2019, as per assignment. Office to takes steps to assign this matter to the Honourable Court. Parties and advocates to appear before the Court on 18/06/2019, as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Adv for deft Mr.B.S.Patil present
    Matter is Adjd for Steps to 03/08/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2019
    
    Date: 03-08-2019
    Business: Adv.Siddiqui for DH present.
    Adv.B.S.Patil for JD present
    Draft notice of motion along with
    affidavit tendered by advocate for JD.
    Leave granted to register. Copy be served to otherside.
    Adjd.for reply to 10/10/2019.
    Next Purpose: REPLY
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. B.S.Patil for JD.
    Adv. Siddhique for DH. Register NM @ affidavit tendered   by adv for JD. Reply to NM filed by Adv for DH.
    Copy supplied to Adv. for JD. Adjd for hearing of Nm to 10/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. B. S. Patil present for the JDR.
    Adv. Siddiqui present for the DH.
    JDR filed rejoinder. t.o.r.
    Adj. For Hearing on 06/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: p.o. on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None for DH.
    Adv. B.S.Patil for JD.
    Adjd to 27-04-2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Asim Tirmizi for plaintiff present.
    Adv. Nirmal Devswami for defendant present.
    Matter is adjd to 8/11/2021 for arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: None present.
    Matter is adjd to 07/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv B.S. Patil for JD
    None for DH.
    Matter is adjd. to 22-02-2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: None present.
    Matter is adjd. NM dismissal to 29-03-2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Advocate Mrs. Siddhique for DH present.
    Advocate Mr. B.S. Patil for JD present.
    The advocate of defendant requested date for NM hearing.
    Matter is adjd. for NM hearing to 16-06-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv. Akshay Pawar  h/f Adv. Siddique for D.H. present.
    None present for J.D.
    Adjd to 30/08/2022 for hearing on N.M.
                                                                                          Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: As court is vacant,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Adv.Wasim Siddique for DH.
    Adv.Balbheem Patil present for JD.
    There is no stay to the Execution Application proceeding hence, DH is directed to proceed further.
    Matter stands adjourned for NM hearing on 18-09-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: None present.
    Matter stands adjourned for NM hearing on 20-11-2023.
    L.O. at 12.50 pm.
    Adv. Wasim Siddiqui present for DH, tendered application to
    proceed further for sale under Order 21 rule 64 of CPC.
    As per the report of bailiff the property of JD at address 628, khatri
    House, 13th Road, Khar W, Mumbai  400 032 and Shop NO. 5 and
    Shop No. 6 plot no. 395, Suyog C.H.S. Ltd, pandit Malharrao Valkari
    Road,Near Don Boscho Road, borivali, Mumbai, came to be attached.
    Hence, the DH is permitted to proceed further under order 21 rule
    64 of CPC.
    Adv. Blabheem Patil present for JD.
    Matter is already stands adjourned for Compliance on 20-11-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv.Wasim Siddiqui present for DH.
    None present for JD.
    Matter stands adjourned for compliance 05-02-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: None present.
    Matter stands adjourned to 04.04.2024 for compliance.
    Later on mentioned at 1.07 p.m.
    Adv. Sanjay Nayak h/f Adv. Wasim Siddique for decree holder
    present. He is seeking extension of time to proceed under Order
    XXIV Rule 64 of Code of Civil Procedure.
    Matter already adjourned to 04.04.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: Adv.M.H. Mulla present for Decree Holder.
    None present for Judgment Debtor.
    Decree Holder is seeking extension of time to proceed under Order XXI Rule 64 of Code of Civil Procedure, O-extended till next date.
    Matter stands adjourned for compliance on 11-07-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: None present.
    Kept back.
    L.O. at 12.30 pm.
    Adv.Mrs. Siddique present for Decree Holder, tendered extension application for execution of warrant under order 21 Rule 64 of CPC TOR marked as Exh.2. O-Time is granted.
    Execution Department to take steps.
    None present for Judgment Debtor.
    The Judgment Debtor failed to proceed with Notice of Motion, hence, put up for Notice of Motion dismissal on next date.
    Matter stands adjourned for Notice of Motion dismissal
    on 15-10-2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: Adv. J.M. Siddiqui present for Decree Holder, tendered application extension of time for execution of warrant under Order 21 Rule 64 of CPC TOR marked as Exh.03.
    None present for Judgment Debtor.
    Matter stands adjourned for Notice of Motion dismissal/compliance
    on 13-01-2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: By preacipe Exh.04
    NOB-TOB
    Adv. Vasim Siddiqui present for Decree Holder.
    The Decree Holder has already tendered application at Exh.3 for extension of time on 15-10-2024, but order is remained to be passed, hence, application Exh.3 stands allowed. Time is granted as prayed for.
    None present for defendant.
    Matter is already adjourned to 13-01-2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: Matter pertains to C.R. No.84
    Adv. Vasim Siddiqui for DH present and orally prayed for extending time for warrant of sale. Order - Time extended.
    Matter is adjourned to 17.04.2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Matter pertains to C R 84
    Adv Jabeen M Siddiqui for DH present and filed an application for time for warrant of sale. Taken on record and marked as Exh.05. O- Matter is very old. However, considering the reason in the application time is extended as last chance with direction to take positive steps.
    Matter is already adj to 09-06-2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Matter pertains to CR. No.84
    Adv. Priyanka Acharya h/f Adv. J. M. Siddique for Decree holder is present and filed draft Chamber Summons for amendment for along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
    Matter is adj to 19.06.2025 for filing registered chamber summons.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Matter pertains to CR. No.84
    Adv. Mrs. Jabeen M. Siddiqui for decree holder is present and filed registered Chamber summons No.1346/25 along with affidavit in support and affidavit of service of it. Chamber summons is served on proposed judgment debtors
    Proposed Judgment debtor and his advocate are absent
    Matter is adj to 15.07.2025 for filing reply to Chamber summons and hearing on it.
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2025
    
    Date: 15-07-2025
    Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
    Adv. J M Siddiqui present for DH.
    JD and proposed respondent are absent. No reply has filed on C/S. Hence, kept for hearing.
    Matter stands adjourned to 18-09-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: None present.
    Kept back.
    Later on at 12.10 pm.
    Adv. J.M. Siddiqui present Decree Holder/plaintiff.
    None present for the Judgment Debtor.
    Heard the arguments to Chamber Summons.
    Matter stands adjourned to 04-11-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 04-11-2025
    
    Date: 04-11-2025
    Business: P. O is on Leave. Matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 14-01-2026
    
    Date: 14-01-2026
    Business: Adv. J.M. Siddiqui for plaintiff.
    None present for defendant.
    Heard
    FRSR following order is passed on Notice of Motion No.3705/19-
    ORDER
        1. Notice of Motion No.3705 of 2019 is dismissed with costs of Rs.50,000/- (Rupees Fifty Thousand Only).
        2. The payment of costs is condition precedent.
        3. The payment of costs be paid within Four (04) weeks from the date of passing of this order/uploading of this order to the decreeholder, else it would be recovered in the execution application towards interest on the principal amount to be recovered by the decreeholder.
        4. Notice of motion No.3705 of 2019 is disposed of accordingly.
           FRSR following order is passed on Chamber Summons No.1346/25-
     ORDER
        1. Chamber Summons No. 1346 of 2025 is allowed.
        2. The decreeholder is directed to bring on the record as per schedule the partners and the subsequent purchaser of the property of the firm within one week looking into the age of the execution application which is 10 years old.
        3. Chamber Summons No. 1346 of 2025 is disposed of accordingly.
    Matter stands adjourned to  23-02-2026 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: Adv. Wasim Siddiqui is present for plaintiff.
    None present for defendant.
    It is informed that file is not traceable, staff is directed to search at war level.
    Matter stands adjourned to 06-03-2026 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-03-2026
    
    Date: 06-03-2026
    Business: Decree Holder  and Judgment Debtor are absent.
    Adv. Vasim Siddiqui Decree Holder apprised that compliance could not be made as the roznama was not uploaded hence, further 3 days time is extended before this court.
    Compliance of the order make today only.
    Amendment carried out today as per order dated 14-01-2026 passed in Chamber Summons.
    Matter stands adjourned to 06-04-2026  service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-04-2026
    
    Date: 06-04-2026
    Business: Decree Holder and Judgment Debtor are absent.
    Adv. J.M. Siddiqui Decree Holder, tendered affidavit service TOR marked as Exh.06.
    Matter stands adjourned to  04-05-2026  for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 04-05-2026
    
    Date: 04-05-2026
    Business: As the Court is busy in dictating a part judgment in Suit No.8515/1992 and in Cri. Revision No.156/2025 and Cri. Revision No. 163/2025, hence, the rest of the Civil board stands discharged.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 24-06-2026
    
    Date: 24-06-2026
    Business: P. O. is on leave. Matter is adjd to.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 12-08-2026
    
    Date: 12-08-2026
    Business: Adv. M.H. Mulla present for Applicant/Decree Holder.
    Adv. Faiz Ali Khan present for Judgment Debtor No.5 and 6 and undertakes to file VP on next date. Judgment Debtor No.07 is absent inspite of service of notice.
    Matter stands adjourned to  17-09-2026  for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 17-09-2026
    
    Date: 17-09-2026
    Business: None present for Decree Holder.
    Adv. Faiz Ali Khan for Judgment Debtor No.06 and 07, tendered VP taken on record and marked as Exh.07. O- Filed.
    He sought time to file reply.
    Matter stands adjourned to 23-10-2026 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 23-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100430/2018
    Filing Date: 03-12-2016
    First Hearing Date: 08th February 2018
    Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    03 Aug 2019

    Order Details: Other Pdf Text: SJ 61/2016 SUIT 179/2014 1 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI SUMMONS FOR JUDGMENT NO.61 OF 2016 IN SUMMARY SUIT NO. 179 OF 2014 (CNR.NO.MHCC010019092016) M/s. Kapp Colour Chem a partnership firm Registered Plaint Admitted on 31/01/2014 Indian Partnership Act: 1932, and having its Principal Place of Business at 215, Lamba Building, Flat No.1. Sir Bhalchandra Road Matunga Mumbai400 019 ...Plaintiffs. V/s. M/s.KSL & Industries Ltd. A Company Registered Under the Provisions of…

    Read Full Order
    Order 1Full order available
    03 Aug 2019

    Order Details: Other Pdf Text: SJ 61/2016 SUIT 179/2014 1 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI SUMMONS FOR JUDGMENT NO.61 OF 2016 IN SUMMARY SUIT NO. 179 OF 2014 (CNR.NO.MHCC010019092016) M/s. Kapp Colour Chem a partnership firm Registered Plaint Admitted on 31/01/2014 Indian Partnership Act: 1932, and having its Principal Place of Business at 215, Lamba Building, Flat No.1. Sir Bhalchandra Road Matunga Mumbai400 019 ...Plaintiffs. V/s. M/s.KSL & Industries Ltd. A Company Registered Under the Provisions of…

    Read Full Order

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