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EXECUTION APPLN

Mr. Ramakrishna Baldev Giri (High Court Inspection)VsSlum Rehabilitation Authority and Ors. +4 more

CNR MHCC0100047720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th June 2026

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100007/2019
Registration Date
09 Jan 2019

Advocates

2

For Respondent

    Not available

    Parties

    6

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-01-2019
    Business: Shri. Amzad Shah, C.A. of the plaintiff present.  On request of Shri. Shah issue notice u/o. XXI Rule 21 of CPC, returnable on 21/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Mr. Mohan Waghmode, Advocate for Plaintiff, present.  Mr. Shrishail Sakhare, Advocate for Defendant Nos.3 and 4 present.  Defendant No.5 also present.  Mr. Sakhare states that copy of entire execution application has not been served upon him.  Mr. Waghmode undertakes to serve the copy of entire E.A. upon Defendants and seeks time to file affidavit of service.  Defendant No.5 seeks time to engage an Advocate. Mr. Sakhare undertakes to file Vakalatnama and reply by next date.  Hence, by consent, adjd to 12/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Ms. Sakeena Kothari, advocate for plaintiff present. Ms.Tejal Poyarikar, advocate for judgement debtor present. Ms. Poyarikar states that the Honourable has stayed the execution of the impugned decree vide order passed in F.A. CA No. 1422/2012. However, Ms. Kothari states that though the defendant has preferred appeal, the defendant can file reply in the present exe.application. Hence, by consent for reply of the defendant adjourned to 09/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Shri. Sakhare, advocate for Judgement Debtor present. None for plaintiff. Exe.application marked as Exh.A(Colly). Application tendered on last occasion by the advocate for defendant no. 3 and 4, now marked as Exh.B. Vakalatnama for defendant tendered by Shri. Sakhare, taken on record and marked as Exh.C. Shri. Sakhare, has also tendered the affidavit in reply of defendant 3 and 4, taken on record and marked as Exh.D. In view of the stay granted by the Honourable High Court, Bombay, in First Appeal 1469/2012, on request of Shri. Sakhare, adjd to 21/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Shri. Ramkishan Baldevgiri, plaintiff present. Shri.Bhimrao Gaikwad, defendant present. As Court is on leave, board discharged and adjd to 13/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Shri. Amjad Shah, C.A. of plaintiff present.
    Shri. Shrishail Sakhare, advocate for the defendant present.
    Shri. Shah states that reply has not been served upon the plaintiff.
    Shri. Sakhare undertakes to furnish the copy of reply upon the plaintiff, within short period and further states that the stay granted by the Honourable High Court is in forced.
    By consent, adjd to 13/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Parties and Advocate absent.
    As Court is on leave, board discharged and adjd to 13/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Parties and advocate are absent adjourned to 03/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Parties and advocate are absent adjourned to  31/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 16/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: In view of declaration of Holiday vide Office Order No.213 of 2021, adjourned to 27/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Parties and advocate absent adjourned to 05/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Parties and advocate absent.
    Issue letter to advocates for plaintiff and defendant to place on record the present status of proceedings preferred in the Honouranble High Court Bombay.
    Matter adjourned to 18/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Parties and Advocate absent.
    Office to verify the present status of proceedings initiated before the Honourable High Court, from the official website of the Honourable High Court and submit report to this Court by next date.
    Matter adjourned to 17/09/2022, for office report.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 26/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: In view of declaration of 26/11/2022 as working day vide Office Order No.178 of 2022,matter was came to be posted to 26/11/2022.  However, subsequently 26/11/2022 came to be declared as Holiday vide Office Order No.229 of 2022 and hence, matter is taken on board today and adjourned to 21/01/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Parties and advocate absent.
    Office report dated 12/08/2022, states that the stay granted by Honourable High Court is in force and hence, matter adjourned 01/04/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Parties and advocates absent.
    Record shows that stay has been granted by the Honourable High Court and as none appeared, adjourned to 17/06/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: As Court is on leave, board discharged and matter adjourned to 19/08/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: Parties and advocates absent, adjourned to 30/09/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: As Court is on leave, board discharged and matter adjourned to 02/12/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Parties and Advocate absent adjourned 03/02/2024.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Parties and Advocate absent, matter adjourned 20/04/2024.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: Parties and Advocates are absent.
    Perusal of website of the Honourable High Court, Bombay, shows that appeal filed in the Honourable High Court is still pending, wherein stay has also been granted and hence, matter adjourned to 03/08/2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Parties and Advocates absent.
    It appears that in view of pendency of Appeal in the Honourable High Court, nobody is appearing and hence, adjourned to 19/10/2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: Parties and advocates absent.
    Perusal of website of Honourable High Court shows that Appeal filed in the Honourable High Court is pending, wherein stay has also been granted and as none appeared, matter adjourned to 18/01/2025.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-01-2025
    
    Date: 18-01-2025
    Business: Parties and advocates are absent.
    It appears that in view of stay granted by the Honourable High Court, nobody is appearing in the matter and hence, matter adjourned to 19/04/2025.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: Parties and advocates absent.
    As matter is stayed by Honourable High Court, matter adjourned to 19/07/2025.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: As court is on leave, board discharged, matter adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-09-2025
    
    Date: 30-09-2025
    Business: Parties and advocates are absent.
    Appeal is pending before Hon. High Court.
    Office is under instruction of High Court in inspection note to dispose the matter at the earliest.
    Since nobody is appearing in the matter, matter is referred before Hon. Court.
    Matter be put up before Hon. Principal Judge for reassignment.
    Matter adjourned to 08/10/2025, for reassignment.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-10-2025
    
    Date: 08-10-2025
    Business: None present for DH and JD.
    As both parties and their advocates are absent, Matter is adjourned to 04.12.2025 for appearance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2025
    
    Date: 04-12-2025
    Business: None present for plaintiff and defendants.
    Both the parties are absent, they are directed to remain present on the next date.
    Matter is adjourned to 20.12.2025 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: None present for DH and JD.
    As both parties and their advocates are absent, Matter is adjourned to 12.01.2026 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: None present for DH and JD.
    Issue notice to both the parties on Court Motion as none appeared before the Court and matter is subject to Honorable High Court Inspection.
    Bailiff is directed to serve notice before next date and file report.
    Matter is adjourned to 23.01.2026 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: None present for plaintiff.
    Bailiff has filed rpeort about non-service of notice for want of time. Hence, re-issue notice to both the parties and Matter is adjourned to 03.02.2026 for report.
    Next Purpose: REPORT
    Next Hearing Date: 03-02-2026
    
    Date: 03-02-2026
    Business: None present for DH and JD.
    KB LO at 5.45pm
    Report not yet received hence, Matter is adjourned to 11.02.2026 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 11-02-2026
    
    Date: 11-02-2026
    Business: None present for DH and JD.
    Awaiting report. Hence, Matter is adjourned to 16.06.2026 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2026
    
    Date: 16-06-2026
    Business: None present for DH and JD.
    Exh.E-Bailiff report.
    Perused bailiff report dated 02.04.2026. It shows that on 24.03.2026 the defendant no.2 is served, on 01.04.2026 defendant no.3 is served, on 02.04.2026 defendant no.1 is served as well as defendant no.4 unserved due to want of proper address. Moreso, defendant no.5 is unserved. Particularly, the report shows that the plaintiff/applicants in present Execution Petition were not found on the given address and one Bhimrao Gaikwad who is the Chairman of defendant no.3 informed that the applicant nos.1 to 3 are not residing on the given address since long. Therefore, the notice issued to the plaintiff/petitioners returned unserved. In view of above, the presence of the plaintiff/Execution petitioners cannot be secured for want of proper address and as they were not found on given address, execution petition cannot be proceeded further. Moreso, the Execution Petitioners/applicants and their advocate also failed to appear sou-moto since long. Hence, for the reasons stated above, Execution Application No.7 of 2019 stands disposed of.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 16-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100293/2019
    Filing Date: 09-01-2019
    First Hearing Date: 18th January 2019
    Decision Date: 16th June 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Jun 2026
    Order Details: Other
    Pdf Text: 16.06.2026
    Sr. No. 99
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    EA 7/2019
    Exh.E
    None present for DH and JD.
    Exh.E-Bailiff report.
    Perused bailiff report dated 02.04.2026. It shows that on
    24.03.2026 the defendant no.2 is served, on 01.04.2026 defendant
    no.3 is served, on 02.04.2026 defendant no.1 is served as well as
    defendant no.4 unserved due to want of proper address. Moreso,
    defendant no.5 is unserved. Particularly, the report shows that the
    plaintiff/applicants in present Execution Petition were not found
    on the given address and one Bhimrao Gaikwad who is the
    Chairman of defendant no.3 informed that the applicant nos.1 to 3
    are not residing on the given address since long. Therefore, the
    notice issued to the plaintiff/petitioners returned unserved. In view
    of above, the presence of the plaintiff/Execution petitioners cannot
    be secured for want of proper address and as they were not found
    on given address, execution petition cannot be proceeded further.
    Moreso, the Execution Petitioners/applicants and their advocate
    also failed to appear sou-moto since long. Hence, for the reasons
    stated above, Execution Application No.7 of 2019 stands disposed
    of.
    Judge
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