Date: 08-02-2018
Business: Parties and Advocate absent. Adjourned to 20/02/2018.
Next Purpose: FOR___________________
Next Hearing Date: 20-02-2018
Date: 20-02-2018
Business: Parties and Advocate absent. Hence adjourned to 13/03/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2018
Date: 13-03-2018
Business: Parties and Advocate absent. Adjourned to 04/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2018
Date: 04-04-2018
Business: Parties and Advocate absent. Adjourned to 18/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Parties and Advocate absent. Adjd to 19/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2018
Date: 19-07-2018
Business: Parties and Advocate absent, adjd to 21/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2018
Date: 21-09-2018
Business: Parties and Advocate absent, adjd to 23/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Parties and Advocates absent. As nobody is appearing before this court, issue letter to Advocate for Plaintiff, informing that on failure to appear before this Court on next date, Exe.Applicatoin will be placed for dismissal. S.O. to 15/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: Ms. Sheetal shah, Advoate for plaintiff present. On request of Ms. Shah for taking steps adjourned to 21/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Miss. M. A. Tole, advocate for plaintiff present. On request of Ms. Tole issue show cause notice to defendants, returnable on 26/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Ms. M. A. Tole, Advocate for plaintiff, present. Execution Application marked as Exh.A (colly.). Affidavit of service tendered by Ms. Tole is t.o.r. and marked as Exh.B. As the packet containing notice has been returned unserved, Ms. Tole prays for substitute service. Substitute service by all permissible modes is allowed, returnable on 26/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Miss.M. A. Tole, advocate for plaintiff present. On request of Ms. Tole for completing substitute service, adjourned to 22/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Miss. M.A. Tole, advocate for the Plaintiff present. On request of Ms. Tole, for completing substitute service, adjd to 23/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Ms. Sundas Ansari, advocate for the Plaintiff present. On request of Ms. Ansari, for completing substitute service, adjd to 05/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Ms. Sundas Ansari, advocate for the plaintiff present.
On request of MS. Ansari, for completing substitute service, adjd to 28/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Ms. Hardika Patil, advocate for the plaintiff present.
On request of Ms. Patil, for completing substitute service, adjd to 04/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Ms. Sheetal Shah, advocate for the plaintiff present.
Ms. Shah has tendered affidavit of service in respect of service by way of publication, t.o.r. and marked as Exh-C.
She has also tendered application for the issue of warrant of possession, t.o.r. and marked as Exh-D.
Ms. Shah undertakes to serve the Court Receiver before next date and on her request, adjd to 30/01/2020, for issuance of warrant of possession.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Ms. Sheetal Shah, advocate for the plaintiff present.
Ms. Shah undertakes to serve the Court Receiver today itself before issue of warrant of possession and on request of Ms. Shah, adjd to 31/01/2020, for issue of warrant of possession.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Ms. Sheetal Shah, advocate for the plaintiff present.
Shri. Gajanan Surve(Section Officer), representative of Court Receiver, High Court, Bombay, present.
Shri. Surve seeks time to take instructions and to file report and by consent, for report of Court Receiver, adjd to 15/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Parties and Advocate absent, adjd to 04/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Ms. Sheetal Shah Advocate for plaintiff present.
On request of Ms. Shah, adjourned to 19/03/2020 for procuring the report of Court Receiver.
Next Purpose: FOR___________________
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Parties and Advocate absent, adjd to 04/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Shri Yazad Udwadia, Advocate for plaintiff.
On request of Shri Udwadia, adjourned to 09/12/2020, for filing an application for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Shri. Yazad Udwadia advocate for plaintiff present.
Shri Udwadia has tendered application on behalf of applicant/decreholder praying that the matter be proceeded without the report of the Court Receiver, t.o.r. and marked as Exh.E.
He has also tendered affidavit proving service of application dated 05/12/2020 on Court Receiver, t.o.r and marked as Exh.F.
Despite service none appeared for Court Receiver and it will be appropriate to issue request letter to the office of Court Receiver requesting to appear before this Court on next date, further informing that in case of non appearance on next date matter will be proceeded further without the Court Receiver Report.
Office to issue request letter accordingly, returnable on 08/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Shri Yazad Udwadia, Advocate for plaintiff present.
Shri Vijay Pawar clerk from the office of Court Receiver, High Court Bombay, present.
Shri Udwadia, prays that matter may be proceeded further as though the representative from the office of Court Receiver is present, he has neither filed any report nor filed any objections.
Shri Pawar from the Court Receiver office upon taking instruction telephonicaly from his senior, request for adjournment stating that the matter is not yet traced out.
Shri Udwadia strongly objects and states that adjournment may be granted by way of last chance making it clear that if either no report is filed or any objections are raised on the next date matter should be proceeded without granting any more chance.
Shri Pawar is made aware of this fact and matter adjourned to 15/01/2021 by way of last chance with the understanding as above.
Next Purpose: FOR___________________
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Shri Yazad Udwadia, Advocate for plaintiff present.
Shri Gajanan Surve Section Officer, from the office of Court Receiver, High Court Bombay, present.
Court Receivers report dated 13/01/2021, bearing outward No.275/2021, under this office inward No.487/2021 date 13/01/2021, t.o.r. and marked as Exh-G.
As per the said report Court Receiver is in Symbolic possession of the suit premises and the Court receiver has not recorded any objections therein for delivery of possession of the said suit premises to the plaintiff. Shri Surve states that the plaintiff has already paid the charges of Court Receiver and till date no dues are pending.
Hence, issue warrant of possession as prayed for, subject to filing of formal affidavit by the plaintiff, returnable on 25/02/2021.
Henceforth, presence of Court Receiver is dispensed with.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Shri Yazad Udwadia advocate for plaintiff present.
On request of Shri Udwadia matter adjourned to 07/04/2021, by extending the returnable date of warrant of possession.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Shri Shubhamay Dutta advocate for plaintiff present.
Matter is taken on board by way of Praecipe.
As court is on leave, board discharged and matter adjourned to 19/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Shri Yazad Udwadiya advocate for plaintiff present.
Preacipe dated 16/03/2021, for taking the matter on board on 18/03/2021, marked as Exh.H.
Shri Udwadiya has tendered application for issuing writ of possession u/o.XXI, rule 35 of CPC as well as order XXI, Rule 36 of CPC, for the reasons as stated in the application, t.o.r and marked as Exh.I
Upon perusing application and upon hearing Shri Udwadiya, the said application is allowed, office to issue writ of possession u/o.XXI, rule 35 and 36 of CPC, returnable on 07/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Shri Shubhmay Dutta advocate for plaintiff present.
Shri Dutta has tendered true copy of Sherrif report in respect of non execution of warrant of possession, t.o.r and marked as Exh.J.
In view of the same Shri Dutta has tendered application for forcible possession, t.o.r. and marked as Exh.K.
In view of this Shri Dutta prays that matter may be referred to the Honourable Court for appropriate orders on application for forcible possession.
Accordingly, matter is hereby submitted to Honourable Court as per assignment on 03/05/2021.
Office to take steps for assignment of matter to the Honourable Court parties and advocates to appeared before the Honourable Court as may be assigned on 03/05/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv. Mr. Yazad Udwadia I/b M/s Mehta and Girdharlal for plaintiff present.
Matter is adjd to 01/09/2021
Next Purpose: FOR___________________
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Jinal Vani For Decree holder present and seeks time.
None for Judgment debtor.
Adjd for taking steps to 28/10/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Dt.17/12/2021
EA 544/16
Suit 3221/83
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Sheetal Shah For decree holder present.
None for JD.
Exh-L Application filed by DH for police protection. t.o.r.
Adjd for hearing to 15/01/2022
Next Purpose: HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. For original plaintiff present.
Kb L. O at 1.22 pm
None present when called.
Kb L. O at 1.42 pm
Adv. Ms. Dimple Bitra I/b Mehta Girdharlal for original plaintiff present.
Heard arguments of adv. Ms. Bitra for original plaintiff partly.
On perusal of report of court receiver the court receiver is in symbolic possession of suit premises and court receiver has not recorded any objection for delivery of possession of said suit premises to plaintiff. As per decree the possession is to be handed over by receiver to plaintiff hence issue notice to court receiver for compliance of the said decree.
Adjd for report of notice to court receiver to 05/05/2022
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Dimple Bitra for original plaintiffs present.
Adjd for report of notice to 13/07/2022
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Dimple Bitra for plaintiff/decree holder present.
None for defendants /judgment debtors
Heard Adv. Dimple Bitra on application Exh. L
Matter is adjd.to 27-07-2022 for Order on Exh. L. 4.00 pm.
Next Purpose: ORDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Dimple Bitra for plaintiff present.
None for defendant.
Court busy in hearing in SU 7718/76.
Matter is adjd.to 29-07-2022 for Order on Exh. L
Next Purpose: ORDER
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None for plaintiff.
None for defendant
F.R.S.R. Following order passed in Exh.L in Execution Application No.544/16.
Order-
1. Application (Exh.L) is made absolute in terms of prayer clauses (a) to (d).
2. Re-issue Writ of Possession Warrant under Order XXI Rule 35(2) of the CPC.
3. Office-In-Charge of the local police station within whose jurisdiction the suit property is situated, is directed to provide police assistance to the Sheriff/Bailiff of the Court for execution of Writ of Possession Warrant under Order XXI Rule 35(2) of the CPC upon depositing of necessary legal charges by the decree holder.
LO AT 4 pm.
Adv. Dimple D Bitra for plaintiff present.
Matter is adjd.to 04-10-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: (By preceipe)
Adv. Dimple Bitra for decree holder present.
None for judgment debtor.
Heard Ld. Dimple Bitra for decree holder.
On perusal of record reference of Order XXI Rule 35 (2) of the CPC came to be typed in points no. 2 and 3 in operative order below Exh. L passed on 29-07-2022. It is required to be corrected as Order XXI Rule 35 (3) of the CPC by exercising powers u/s 152 of the CPC. Hence, I passed the following order -
Order
Order XXI Rule 35 (3) of the CPC shall be read in place of Order XXI Rule 35 (2) of the CPC in points no. 2 and 3 in operative order below Exh. L passed on 29-07-2022.
Matter is already adjd.to 04-10-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Sheetal Shah for plaintiff present.
None for defendant
Matter is adjd.to 05-01-2023 for issuance of possession warrant under Order XXI Rule 35(3) of the C.P.C.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Jeyhaan Carnal a/w Adv. Dimple Bitra for decree holder present.
None for judgment debtor.
Time is extended for service of warrant issued under Order XXI Rule 35(3) of the C.P.C.
Matter is adjd.to 03-04-2023 for service of warrant issued under Order XXI Rule 35(3) of the C.P.C.
Next Purpose: SERVICE
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv. Dimple Bitra for Decree holder present.
None for Judgment debtor
Time is extended for service of warrant issued under Order XXI Rule 35 (3) of the C.P.C.
Matter is adjd.to 12-07-2023 for service of warrant issued under Order xxi Rule 35 (3) of the C.P.C.
Next Purpose: SERVICE
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Dimple D Bitra i/b M/s Mehta and Girdharlala for DHR present.
None for JDR.
Time is extended for service of warrant issued under order xxi rule 35 (3) of the C.P. C.
Matter adjourned for service to 05/10/2023.
Next Purpose: SERVICE
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Adv. Sanjay Maji for DH present.
None for JD present.
Time is extended for service of warrant issued under order xxi rule 35 (3) of the C.P. C.
Matter adjourned to 14/12/2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv. Sanjay Maji for DH present.
None for JD present.
Time is extended for service of warrant issued under order xxi rule 35 (3) of the CPC.
Matter adjourned to 16/02/2024.
Next Purpose: SERVICE
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: P.O. is on leave, hence matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Mr. Sanjay Jaiswal Clerk of Adv. Sheetal Jaiswal present for DH present.
None for JD present.
The Decree Holder is seeking time to serve warrant under order 21 Rule 35 (3) of CPC since 05/01/2023. It means the Decree Holder is not interested to get warrant execute, hence kept for necessary order.
Matter adjourned for order to 25/06/2024.
Next Purpose: ORDER
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: PO is on training, Hence matter adjourned
Next Purpose: ORDER
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Adv. Darshil Desai for decree holder present.
None for defendant.
He seeks time to execute the warrant.
Next date is fixed as per request of ld adv. for decree holder.
Matter adjourned for Steps/Order to 02.09.2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Darshil Desai for plaintiff present and seeking extension of time to get execute warrant as per Roznama dated 24/04/2024. Time is extended till next date as last chance and the decree holder to note that the application for execution will be dismissed on next date, if Decree Holder fails to take proper steps.
Next date is fixed at the request of advocate for plaintiff.
Matter adjourned for steps to 31/01/2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: Adv. Astitva Sriuastava for DH present. kept back…
Later on..
The DH failed to take steps, hence kept for necessary order.
Matter adjourned for order to 27/02/2025.
Next Purpose: ORDER
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Adv. Anjali Ghelani for plaintiff present and seeks time to get warrant executed. The order to issue warrant to passed on 29/07/2022. Since then Decree holder failed to warrant executed. It means the Decree holder is not interested to get warrant executed. However, considering submission of Ld. Advocate for the Decree holder, the decree holder is granted very last chance subject to the cost of RS. 1000/- Payable to the DLSA, Mumbai on or before next date.
Matter adjourned for compliance to 18/03/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Adv. Anjali Ghulani for plaintiff present. She filed adjournment application at Exh.M No document is annexed with the application to support the contention of decree holder, hence application deserve to be rejected. However considering submission of ld advocate for decree holder she granted last chance to take proper steps. Failure of which necessary order will be passed.
None for defendant.
Matter adjourned for order to 02.04.2025
Next Purpose: ORDER
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. Anjali Ghelani for plaintiff present and filed adjournment application at Exhibit-N. Considering contents of application, application at Exhibit-N allowed and time is granted till next date.
Matter adjourned to 25/04/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: Adv. Megha H. Chobadia for Decree Holder present and filed adjournment application at Exhibit-O. Accordingly adjourned.
Matter adjourned to 08/05/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Adv. Anjali Ghelani for Judgment Creditor present. She filed application at Exh.P for returnable date for writ of possession warrant & extension for execution. O- application Exh. P is allowed in terms of prayer clause a and b and accordingly re-issue writ of possession warrant returnable on next date.
Adv. Savita Pattni for plaintiff present.
Matter adjourned for report to 24-06-2025.
Next Purpose: REPORT
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: By precipe. Taken on record.
Adv. Megha H. Chaubadia i/b Mehta and Girdharlal present and submitted that she prayed that the registry is unable to trace the previous office copy of possession warrant dated 15/09/2022 for granting extension thereon. Hence the registry be directed to treat the original writ of possession warrant as office copy returnable on next date 24/06/2025 O- Allowed. Prayer to original copy of Warrant of Possession treat as a office copy.
Matter adjourned to 24/06/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2025
Date: 24-06-2025
Business: Adv. Megha H. Chobadia Judgment Debtor present and filed application for returnable date for writ of possession warrant and extension for execution thereof at Exhibit-Q. O- Allowed.
None for DH present.
Matter adjourned to 24/07/2025 for report.
Next Purpose: REPORT
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: None for Judgment Debtor present.
Decree holder in person present.
Writ of possession received from Sheriff Office at Exhibit-R under order XXI, Rule 35(3) of CPC.
Adv. Sheetal Shah for Decree Holder present and filed pursis at Exhibit-S. There by contending that the Decree holder have received vacant possession of suit property on 17/07/2025 and therefore the Decree is fully satisfied. The bailiff report At exhibit-R also reveals that Decree holder has received vacant possession of suit property from Judgment Debtor. Therefore in view of pursis at Exhibit-S and in view of bailiff report at Exhibit-R the decree is fully satisfied and Execution application no. 544 of 2016 stands disposed off as fully satisfied.
Nature Of Disposal: OTHER
Disposal Date: 24-07-2025
