Junded Harun ShahVsMohamed Shohaib Harun Shah

Date: 29-01-2020
Business: Parties and Advocate absent,  adjd to 04/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Shri. Amit Shukla, advocate for the plaintiff present.
On request of Shri. Shukla, for taking further steps, for issue of warrants without notice, adjd to 05/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Shri. Vivek Singh, Advocate for plaintiff present. Shri. Singh prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice, in respect of property mentioned in Column J(a) of the exe.application, stating that the Exe. Application is filed within two years of passing Decree, reserving the right of the plaintiff to proceed against another property mentioned in the exe.application, if necessary. Shri. Singh states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 09/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Parties and advocate are absent adjourned to 22/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2021

Date: 22-02-2021
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: Shri Amar Shilwalt advocate for plaintiff present.
Exe.application marked as Exh.A(Colly.)
Shri Shilwalt has tendered application for extension of returnable date of warrant t.o.r and marked as Exh.B.
Upon hearing Shri Shilwalt, application Exh.B allowed by extending the returnable date of warrant to 05/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 21/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Shri Vivek Kumar N. Singh advocate for plaintiff present.
Shri Singh has tendered application for extension of time for execution of warrants of attachment, t.o.r. and marked as Exh.C.
Upon perusing application and upon hearing Shri Singh, returnable date of warrants of attachment is extended till 25/11/2021
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Defendant present.
None for plaintiff.
Defendant states that he has been served with warrant of attachment and seeks time to engage lawyer and to file reply and on his request matter adjourned to 10/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Shri Vivek Kumar Singh advocate for plaintiff present.
Shri Rajesh Patil advocate for defendant present.
Shri Singh has tendered original warrants u/o.XXI, Rule 43 and 54 of CPC, with execution report of bailiff pasted therein, t.o.r and marked as Exh.D and E respectively.
Shri Singh has also tendered application for issue of sale proclamation against Immovable property of defendant, t.o.r and marked as Exh.F.
Shri Patil states that defendant has taken out Notice of Motion in the matter and the same is on board today the Honourable Court room No.15.
Shri Singh states that till date there is no stay  to the present execution proceedings, the execution may be proceeded further and on request of Shri Singh for taking further steps for issue of warrant of sale matter adjourned to 01/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Shri Vivek Kumar Singh, Advocate for Plaintiff present.
Shri Rajesh Patil, Advocate for Defendant present.
Affidavit of plaintiff in support of application for issuance of warrant of sale, tendered by Shri Singh, t.o.r. marked as Exh-G.
Shri Patil, Advocate for defendant states that the Notice of Motion No.263 of 2022 preferred by the defendant is listed on board today before Cort Room No.59.
Shri Patil states that as the SOP is continued till 11/02/2022, it is likely that the Court No.59 will not proceed to hear the matter and request to adjourn the matter without passing any order in regard to sale of attached propertie.
Shri Singh fairly consents and by consent, matter adjourned to 11/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2022

Date: 11-03-2022

Date: 06-11-2023
Business: Shri Vivek Kumar Singh, Advocate for Plaintiff present.
Shri Rajesh Patil, Advocate for Defendant present.
Plaintiff also present.
Upon hearing both the advocates and upon perused the Misc.Application., the same is allowed as prayed for and disposed of.
Exe.Application No.52 of 2020 restored to file and as nothing survives therein, in view of Consent Terms annexed with the Misc.Application No.223 of 2023, same also stands disposed of as withdrawn, by razing/withdrawing the warrants of attachment issued therein.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-11-2023

Date: 06-11-2023
Business: Shri Vivek Kumar Singh, Advocate for Plaintiff present.
Shri Rajesh Patil, Advocate for Defendant present.
Plaintiff also present.
Upon hearing both the advocates and upon perused the Misc.Application., the same is allowed as prayed for and disposed of.
Exe.Application No.52 of 2020 restored to file and as nothing survives therein, in view of Consent Terms annexed with the Misc.Application No.223 of 2023, same also stands disposed of as withdrawn, by razing/withdrawing the warrants of attachment issued therein.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-11-2023

Main Case No: SUIT/0101178/2014
Main Cnr: MHCC010037742014
Main Filing No: 111447

MISC APPLICATION/100243/2023

Filing Number: 100268/2020
Filing Date: 14-01-2020
First Hearing Date: 29th January 2020
Decision Date: 06th November 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI