GULAM R. AJDARIVsJAVED AHMED M. TAUHID SHAIKH

Date: 21-02-2018
Business: Parties and Advocate absent.  Hence for return of Warrant, 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 05/07/2018 for return of warrant.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Plaintiff present in person. Plaintiff states that in order to complete the formalities relating to sale, the returnable date of Warrant of Sale be extended for further period.  His request allowed, returnable date of Warrant of Sale is extended till 30/04/2019.  S.O. to 30/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-11-2018

Date: 28-11-2018
Business: Mr. Gulam Reza Ajdari, Plaintiff, present.  His Advocate absent. Matter is taken on board by way of praecipe, marked as Exh.5. Letter bearing No 1983/2018 dated 19/11/2018 received from Dy. Sheriff of Mumbai, inwarded in  this office vide inward no 12579 dated 12/11/2018, is taken on record and marked as Exh.6. Plaintiff state that in view of the contents of the said letter matter be submitted to the Hon\'ble Court. Hence, matter is submitted to the Hon\'ble Court on 05/12/2018, as per assignment.
Disposal Date: 28-11-2018

Date: 05-12-2018
Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
Matter is adjd. to 19/12/2018 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Adv. Mr. Asif Shaikh for Dh.
None for Jd.
On the oral request of the adv for dh,
Matter is adjd. to 16/01/2019  for hearing and fixing date for executing of warrant of attachment.
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv.Mr. Ashfiq Shaikh for D.H. present.
None for J.D.
Due to paucity of time,
Matter is adjd. to 23/01/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: None for D.H.
None  for J.D.
Court is busy in dictating Judgment and order in old matter hence due to paucity of time,
Matter is adjd. to 06/02/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Adv. for Plaintiff absent.
None for Defendant.
Court is busy in dictating Order in Cri. MA no.1726/18, 1729/18. 1741/18 and other order matters hence due to paucity of time,
Matter is adjd. to 12/02/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: D.H. present.
Advocate for D.H. absent.
None for J.D.
It appears that immovable property of the J.D. is already attached. Therefore,  J.D. is order to attend the Court on 20/03/2019 to take a notice of date to be fixed for settlement the date of proclamation of sale, as per order 21 Rule 54(1-A) of CPC. Hence case is adjourn for Compliance and fixing the date of proclamation on 20/03/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv for plaintiff Mr.Asif Shaikh present
Property is already attached therefore, issue Sale Notice to
judgment debtor as per order 21 Rule 54 1A
Matter is Adjd for Service of Notice on JD to 11/06/2019
Next Purpose: SERVICE
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: DH  present
Son of JD Present
Plff filed affidavit of service of Notice under order 21 Rule 54 1A of CPC.
Son of JD prayed for adjournment. O-Granted.
Matter is Adjd for Settling terms of say to 03/07/2019
Next Purpose: SETTLEMENT
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: DH in person present. Adv. absent.
Son of JD present. Adv. absent.
KB
LO
Adv. Asif Shaikh for DH present.
Settlement not arrived. Adjd. for orders as per order 21 rule 54(1)(a) of CPC to 18.07.2019.
Next Purpose: ORDER
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Next Purpose: ORDER
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: P.O. is on training.
Next Purpose: ORDER
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: None present.
KB
LO
Adjd. to 03.10.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: DH present. Adv. Arvind Taral for DH present.
KB
LO
JD present.
Perused record, the immovable property is under attachment. The sale notice is  served to judgment debtor.
He did not filed any written objection.  Today JD has submitted that appeal is pending  before Honourable High Court.  Record shows that no stay has been granted .  Till date decree amount is not recovered.  Therefore, the attached flat shall be sold and auction and decree amount alongwith interest shall be recovered.  The Deputy sheriff is directed the take steps in this regard.
 Adjd for Compliance to 18.10.2019 at 3.00 p.m.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None present.
Adjd. to 19.11.2019. for compliance.
LO At 3.10 p.m.
DH present. Adv. Arvind Taral for DH present.
JD present.
Adjd. for compliance to 19.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: DH present. Adv. Taral for DH present.
JD present. Adv. absent.
Adjd. for 16.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Arvind Taral for Dh.
Adv. Savant for intervener.
Adv. Gyandahar Mishra for JD
Matter is adjd to 31/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: JD present. Adv.Taral for JD.
Son of DH present. Adv. Mishra for DH.
Compliance not done.
Adjd for compliance to 13-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv Arvind Taral for DH
None for JD
Adjd to 09-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv. Taral for DH.
None for JD.
Adjd on request of DH to 22-06-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv. Mr. Arvind Taral for DH present.
Matter is adjd to 06/01/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Taral  for DH present.
Adv. Dnyandhar Mishra for the JD present.
By consent, matter is adjd. to 14/02/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Saral for DH presents
Adv. Mishra for Deff. present.
Deff. present.
Matter is Adjd. for Compliance to 01/03/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: DH present his advocate absent.
Adv. Mishra for JD present. JD present.
On the request of DH.
Matter is adjd for compliance to 18-04-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: DH present, his advocate absent.
Advocate Mr. Gyandhar Mishra for JD present.
Matter is adjd. for necessary order to 22-04-2022.
Next Purpose: ORDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Advocate Mr. Taral for DH present.
DH present.
Advocate Mr. Dyandhar Mishra for JD present.
The applicant/DH has filed application for extending date of warrant of sale of immovable property. On 10-03-2022 DH was directed to serve this application to JD. Thereafter, Roznama                   dt.18-04-2022 and today advocate of JD present. Therefore, as per record re-issue warrant .
Matter is adjd. for re-issue warrant to 08-07-2022.
Next Purpose: SERVICE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: CORAM : H. H. J. SRI. A. V. KHARKAR  (C.R. No.15)
Adv. Arvind Taral for D.H. present and filed application for extension of warrant of sale is t.o.r.
ORDER :- It is extended for one year from today.
None present for J.D.
Adjd to 07/09/2022 for Order on Application.
								            Judge
Next Purpose: ORDER
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: As court is vacant.
Next Purpose: ORDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: As court is vacant
Next Purpose: ORDER
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: As Court is vacant
Next Purpose: ORDER
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Arvind Taral  for DH present.
None for JD.
Matter Adjd for Order on 18/04/2023.
Next Purpose: ORDER
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Matter pertains to C.R.No.15
Adv. Arvind Taral for plaintiff/DH present.
Adv. Mishra for defendant/JD present.
Deputy Sheriff Mr. Chaudhari present.
Matter Adjd to 06/06/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. Mr. Arvind Tarar present for D.H.
Adv. Mishra present for J.D.
Matter be put up with connected matter EA 294/15.
Matter stands adjourned to 30-06-2023.
Next Purpose: ORDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: By  Praecipe
NOB-TOB.
Adv. Arvind Taral present for DH, he tendered an application for grant of 50 share in amount of realize after auction sale of property attached in E.A. NO. 294/15, TOR. DH is directed to serve the copy to D.H in EA No. 294 /15 and sheriff of city civil Court.
None for J.D.
Matter is already adjourned to 30-06-2023.
Next Purpose: ORDER
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: None present.
KB.
L.O. at 3.00 pm.
Adv. Taral present for DH, tendered service affidavit TOR marked as Exh.3.
Adv. Mishra present for JD, tendered list of document TOR marked as Exh.4.
Sheriff of City Civil Court is present, tendered report TOR marked as Exh.5. He submitted  that no bid is received in scheduled auction sale and prayed for permission fresh auction sale after a gap of 45 days. There is no stay to the execution proceeding, hence sheriff is permitted to conduct fresh auction sale as per rule.
Already application tendered by DH on dated 12-06-2023 is taken on record and exhibited 6.
This application will be consider after the amount receive in auction sale. Keep it pending.
Matter stands adjourned for report of sheriff on 13-09-2023
at 2.45 pm.
Next Purpose: REPORT
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv.Taral present for DH.
None present for JD.
KB
L.O. at 3.00 pm.
Adv.Taral present for DH.
Matter stands adjourned for report 10-11-2023.
Next Purpose: REPORT
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPORT
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: None present.
Matter stands adjourned for report 14-03-2024.
Next Purpose: REPORT
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Adv. Arvind Taral present for Decree Holder. Seeking time. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for report on 14-06-2024.
Next Purpose: REPORT
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: None present.
Matter stands adjourned for report on 08-08-2024.
Next Purpose: REPORT
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: None present.
Kept back.
Later on at 12.45 pm.
Adv. Arvind Taral present for Decree Holder. Seeking time. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for report on 06-11-2024.
Next Purpose: REPORT
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: None present.
Kept back.
Later on at 3.00 pm.
None present.
Matter stands adjourned for report on 09-01-2025.
Next Purpose: REPORT
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: As Court is Vacant. Hence, matter is adjd to.
Next Purpose: REPORT
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: REPORT
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: REPORT
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
None present.
Matter stands adjourned to 16.09.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: None present.
Kept back.
Later on at 4.00 pm.
None present.
Matter stands adjourned to 11-11-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: None present.
Kept back.
Later on at 3.15 pm.
None present.
Matter stands adjourned to 29-01-2026 for report.
Next Purpose: REPORT
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: None present.
The present  matter is under the caption of report. Matter is pending since 9 yrs. Perused the case paper, it appears that from 23-06-2023 the matter is pending for report of Sheriff, thereafter neither Decree Holder nor ld advocate Arvind Taral took further positive steps to prosecute the E.A. in accordance with the law.
     Further, persusal of the roznama goes to show that as per order dated 10-02-2025 my Ld. Predecessor observed that appellant was directed to deposit sum of Rs.25,00,000/- in the court within a period of 4 weeks from passing of the said order dated 10-02-2025 and directed to list the matter on 05-02-2025 as per the order of Honble Bombay High Court as per writ received in F.A. CIV No. C0300871/2025 dated 31-01-2025.  However, it is not informed whether the said order of Honble Bombay High Court has been duly complied or not, hence, appellant/ Judgment Debtor to inform whether the order of Honble Bombay High Court is honoured or not.
    Issue notice to the Decree Holder and his ld advocate for taking appropriate steps.
Matter stands adjourned to 09-02-2026  for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: P. O. is on leave. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Decree Holder and Judgment Debtor are absent.
Adv. Arvind Taral is present for Decree Holder through V.C.  apprised that W.P. preferred by Judgment Debtor before Honble Bombay High Court came to be dismissed.  It is further apprised that there two E.A. filed against the similar property E.A. 294/2017 and fixed on 02-03-2026 hence, prayed to keep the matter on same day. Hence adjourned on 02-03-2026.
   The present E.A. is reflected under the caption of Steps.
   If the Decree Holder failed to take positive, vigilant  and effective
steps on before next date the E.A. would be dismissed without
 further reference to this court.
Matter is adjourned to 02-03-2026  for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Decree Holder and Judgment Debtor are absent.
Adv. Arvind Taral is present for Decree Holder. He informed that in E.A. is at Sr.No.04 No. 294/2015 the Honble Bombay High Court has stayed the said E.A.. The property is said E.A. and present application is one and the same. Upon query to the ld. Advocate whether there is stay to the E.A.  He fairly conceded that there is no stay in the present E.A. Hence, ld. Advocate requested to take against the E.A. on previous date informing the connected E.A. is pending hence, present E.A. kept today if Decree Holder failed positive effective and vigilant steps today appropriate order would followed in accordance with the law, if the steps are not taken till closure hrs business of the court today.
Matter stands adjourned to 13-03-2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: P. O. is on leave matter. Hence, matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: P.O. is on Leave. Hence, matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: As the Court is busy in hearing final arguments in Suit No. 255/1988 and Suit No. 125/1991 (which is more than 34 years old), and dictating an order in Commercial Suit No.  646/2024 and in Suit No. 6944/2005 and Suit No. 8515/1992, the rest of Civil board stands discharged.
Next Purpose: HEARING
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: Court is vacant. Hence, adjourned.
Next Purpose: HEARING
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Decree Holder  is absent.
Adv. Sankita Chandanshiv i/b Arvind Taral present for Decree Holder and submitted that the present Execution Application is stayed by Honble Bombay High Court. Same submissions were made on 02-03-2026, this court has directed ld. Advocate for the Decree Holder  to take steps to proceed further in the matter. Till today Decree Holder  has not submitted the copy of order of stay granted by the Honble Bombay High Court. Since, last three dates no positive steps are taken hence, matter be posted for dismissal order.
None present for Judgment Debtor.
Matter stands adjourned to 21-08-2026  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: P.O. is on leave. Hence, matter is adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Adv. Sankita  Chandanshive i/b Adv. Arvind Taral for Decree Holder  present and submit that the another connected E.A. is posted on 05.09.2026 for hearing.
None present for Judgment Debtor.
Matter stands adjourned to 05.09.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: As per office order 270 of 2026 dtd. 04.09.2026 Holiday Declared.Hence, matter is adjd to.
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2026

Date: 19-09-2026
Business: Advocate Sankita Chandanshive i/b Adv. Arvind Taral for Decree
Holder  present and submitted that the connected matter is kept on
12.10.2026.
None present for Judgment Debtor.
Matter stands adjourned to 12.10.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 12-10-2026

Main Case No: SUIT/0103884/2011
Main Cnr: MHCC010044382011
Main Filing No: 111447

Registration Number: 100028/2017
Transfer Date: 03-12-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100028/2017
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100028/2017
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100028/2017
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 100531/2018
Filing Date: 13-01-2017
First Hearing Date: 21st February 2018
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE