Order Details: Order below exhibit Pdf Text: Order on Exh. 33 in Exe Appln No. 54 of 2020 1 MHCC010006172020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXH. 33 IN EXECUTION APPLICATION NO. 54 of 2020 Jayprakash Atmaram Thakur. ....Plaintiff. V/s. Shri. Shashidhar Babu Shetty. ....Defendant. Appearances :- Adv.Mrs.Swati Thakur for DH/plaintiff . Adv.V.V.Yelve for JD/defendant. Coram : Smt. Ashwini V. Kasture. C.R. No.: 59. Date : 03/09/2024. ORDER This is an application for giving direction…
Jayprakash Atmaram Thakur Special Civil Suit No. 574 of 2017 ThaneVsShri. Shashidhar Babu Shetty
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100054/2020
- Registration Date
- 14 Jan 2020
- Next Hearing Date
- 01 Oct 2026
- Case Stage
- COMPLIANCE
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Case History / Proceedings
Case History
Date: 31-01-2020
Business: Ms. Swati Thakur, advocate for the plaintiff present.
On request of Ms. Thakur, issue notice before execution, returnable on 27/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Ms. Swati Thakur Advocate for plaintiff present.
Exe.application marked as Exh-A(Colly).
Ms. Thakur has tendered affidavit of service,t.o.r. and marked as Exh-B.
On request of Ms. Thakur for taking further steps adjourned to 28/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Ms. Swati Thakur Advocate for plaintiff present.
Shri. V. Yelve Advocate for Judgment Debtor present.
Shri. Yelve has tendered vakalatnama for defendant t.o.r., and marked as Exh-C.
Shri. Yelve seeks time to file reply.
Ms. Thakur objects stating that today matter is kept for issue of warrants.
However, as the advocate for defendant has appeared and file vakalatnama, in the interest of Justice, adjournment granted by way of last chance to file reply and for reply of defendant, by consent matter adjourned to 11/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Ms. Swati Thakur, advocate for the plaintiff present.
Shri. V.V. Velve, advocate for the defendant present.
Shri. Khurshid Khan, advocate for the third party present.
Shri. Velve has tendered affidavit in reply of the defendant alongwith list of the document, t.o.r. and marked as Exh-D(Colly).
Copy of the same has been served upon the advocate for the plaintiff across the bar.
Shri. Khan, advocate for the third party, has tendered application for permission to file Vakalatnama and affidavit on behalf of Shushila B. Shetty, t.o.r. and marked as Exh-E.
Application allowed. Shri. Khan has tendered Vakalatnama for Shushila B. Shetty, and has also tendered affidavit for Shushila B. Shetty, t.o. r. and marked as Exh-F and G, respectively.
Copy of the affidavit(Exh-G) have been served upon the advocate for the plaintiff across the bar.
Ms. Thakur, seeks time to file rejoinder and request that the matter be kept tomorrow for rejoinder and undertakes that, she will serve the copy of rejoinder to the advocate for the defendant on his Email address. She further submits that upon filing of the rejoinder, the matter may be submitted to the Honourable Court as per assignment on 24/03/2020.
Advocate for the defendant has no objection for the above and hence, by consent, adjd to 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Shri. Kurshid Khan, advocate for the third party present.
None for the plaintiff and defendant.
Shri. Khan has tendered application for production of document, t.o.r. and marked as Exh-H.
Upon hearing Shri. Khan, application allowed and the list of document alongwith documents annexed therewith, t.o.r. and marked as Exh-I.
Though the matter is kept for rejoinder of the plaintiff, none appeared for the plaintiff and for rejoinder of the plaintiff, adjd to 20/03/2020.
Later on, Ms. Swati Thakur, advocate for the plaintiff appeared and
has tendered rejoinder of the plaintiff on reply of the defendant and affidavit for rejoinder of the plaintiff, t.o.r. and marked as Exh-J and K respectively.
She has also tendered reply of the plaintiff on application filed by Sushila Babu Shetty and affidavit of the plaintiff for the said reply, t.o.r. and marked as Exh-L and M respectively.
Ms. Thakur has been informed about the next date in the matter.
Next Purpose: FOR___________________
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Parties and Advocate absent
As Court is on leave, board discharged and matter, adjd to 03/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Parties and advocate are absent adjourned to 19/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Parties and advocate are absent adjourned to 01/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Ms. Swati Thakur advocate for plaintiff present.
Record shows that matter has already become contested and Ms. Thakur therefore fairly submits that the present exe.application be submitted to Honourable Court.
In view of this exe.application is hereby submitted to Honourable Court as per assignment on 05/03/2021.
Office to take steps to assign this matter to Honourable Court.
Parties and advocates to appear before the Court as may be assigned on 05/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: DH and Adv. Swati J. Thakur for DH present.
J.D and adv. for JD absent.
The execution is transferred to the court today and today is the first date of appearance before the court.
JD has fled reply to the darkhast stating that miscellaneous application is filed by him to condone delay and set aside exparte decree. Reply is filed by D.H.
Today DH has filed an application to issue attachment of movable property and has filed order of the court that miscellaneous application is dismissed on 11.02.2021.
Considering the COVID pandemic situation an opportunity is given to JD to file reply to the application filed by D.H today.
DH is directed to supply the copy of application to J.D.
Adjd for compliance to 31/03/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Swati Thakur for DH present.
Adv. V. V. Yelve for JD present.
Adv. for DH filed affidavit of service. t.o.r.
Adjd for compliance to 10/06/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. Ms. Swati Thakur for Decree Holder present and filed an application for filing affidavit of assets and oral examination of JD.
None present for Defendant.
Matter adj. to 03/08/2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Ms. Swati Thakur for Decree Holder present.
JD not present.
No Affidavit of assets has been filed by the JD. It appears that on last date though it was ordered to keep the matter on today\''s date, the CIS is showing a date as 27/10/2021. Therefore, to meet the ends of justice, the advocate for DH is asked to inform next date to the advocate of JD by private service. After such service of private notice if the JD doesn\''t turn up on given date, the matter shall be proceeded further. The DH to file the list of movable properties of the JD so the further execution process may be undertaken.
Matter adj. to 04/09/2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Ms. Swati Thakur for Decree Holder present.
None present for JD.
Despite served with private notice the JD not appeared. The money decree of Rs. 15 Lacs with interest is awaiting the execution. No stay of higher court has been reported by the DH. Today the DH filed the list of movable articles of JD. Hence, issue a warrant of attachment asking the bailiff to attached the movable articles of JD mentioned in the list. Office to comply.
Matter adj. to 28/09/2021 for Compliance Report.
Next Purpose: REPORT
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Anu Naik present for Decree Holder.
EA 54/2020 None present for JD.
The order dt. 04/09/21 is not yet executed. Hence the office to comply the order.
Matter adj. to 18/10/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Matter pertains to C.R.No.59
Adv. Swati Thakur for plaintiff / DH present.
None present for defendant/JD.
Heard Ld. Adv. for DH.
Matter Adjd for Order on 13/12/2021.
Next Purpose: ORDER
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Matter pertains to C.R.No.59
Adv. Thakur for plaintiff /DH present.
None present for JD.
Order below Application dt.29/11/21
Heard Ld. Adv. for plaintiff/DH.
Issue show cause notice against Judgment debtor as to why he should not be detained in civil prison under Order 21 Rule 30 of CPC.
Matter adjd for awaiting notice on 13/01/2022.
Next Purpose: NOTICE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: CORAM : H. H. J. SMT. C. V. PATIL (C.R. No.15)
Matter pertains to C.R No.59.
Adv. Swati Thakur for the DH is present.
Adv. V.D. Yalve for the JD is present and filed reply.
DH filed Bailiff report. t.o.r.
Copy served to other side.
Matter is adjd to 18/01/2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: CORAM : H. H. J. SMT. C. V. PATIL (C.R. No.15)
Matter Pertains to C.R.No.59.
Ad. Swati Thakur for DH.
DH Present.
Adv. V.V.Yelve for Deft.
Adv. Swati Thakur for DH filed Rejoinder for D.H. t.o.r.
The suit is posted for argument, in view of SOP dated 07/01/2022. Order No.07/22. Both parties to attend arguments through VC on next date or otherwise filed written notes of argument.
Matter is adjd. for arguments on 01.02.2022
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: COURT IS VACANT
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Matter pertains to C.R.No.59
Adv. Swati Thakur for plaintiff/DH present.
None present for defendant/JD.
Exh.04 - Written notes of argument. O-seen.
Matter Adjd for reply of judgement debtor on 24/3/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Swati Thakur for plaintiff present.
Adv. V. V. Yalve for the Deft. present.
Adv for defendant submitted that he has filed appeal against decree in Court at Thane. He further submitted he wants submit written argument. Short time granted.
Adjd for argument on 04-04-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Matter pertains to C.R.No.59
Adv. Swati Thakur for plaintiff/DH present.
Adv. V. V. Yalve for defendant/JD present.
Learned Adv. for defendant/JD submitted that, he is not going to file written argument as mentioned in roznama dt.24/03/2022.
Matter Adjd for order on 08/06/2022.
Next Purpose: ORDER
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Matter called out at 11.00 a.m.
Adv Swati Thakur for plff /DH present.
None present for def.
K.B.L.O. at 02.00 p.m.
Matter is adjd on 15.06.2022 for order/ Arguments.
Next Purpose: ORDER
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Matter called out at 11.11 Am
Adv Swati Thakur for plff/DH present.
None for Defendant/JD.
K.B. L.O. at 1.42 Pm
Adv Swati Thakur for plff/DH present.
Adv Yogesh Washik H/f Adv V.V.Yelve for def present.
Adv for JD wants to tender written notes of argument. Adv for decree holder raised objection that on 04.04.2022, adv for JD had made submission before the court that he is not going to file written arguments and thus, written arguments shall not be taken on record. She further submitted that JD is delaying the matter on different pretexts on each date. Perused record. The matter is for argument since 18.01.2022. Adv for DH has submitted written notes of argument on 05.03.2022. On 24.03.2022, adv for JD had made submission that he wants to submit written argument. However, on next date i.e. on 04.04.2022 his statement that he is not going to file written argument as noted in Roznama dated 24.03.2022 is recorded. Today the adv for JD is ready with written arguments and wants to tender the same. Adv for JD further submits that he does not want to make oral arguments and the matter can be directly fixed for order, if he is permitted to file written argument. Today the matter is fixed for Order/Arguments. Adv for DH has also filed written arguments. Though it is apparent from record that advocate for JD has taken inconsistent stand on last dates, it will not be proper to deny opportunity of submitting written arguments to the JD, especially when the matter can be fixed for order without oral submissions. In these circumstances, in view of the stage of the matter, opportunity deserves to be given to JD to tender written arguments today. Accordingly the written arguments tendered by adv for JD is t.o.r. and marked as Exh.5. Its copy is served upon the advocate for plff/DH.
Adv for plff DH submits that there is no Stay to the execution.
By consent of both the sides, the matter is fixed for order.
Matter is adjd on 18.06.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: None for plff DH
Adv Meghana Kakade for def JD present.
FRSR Following order is passed below application dtd 29.11.2021 filed by DH.
1. Decree dtd 04.08.2018 in Spl Civil Suit No. 574/2017 be executed by arrest and detention in civil prison of Judgment Debtor
2. Decree Holder to comply with Order 21 Rule 39 of CPC. After compliance by DH, warrant of arrest be issued against the Judgment Debtor for his detention in civil prison in terms of section 58(1)(a) of CPC.
3. If Judgment Debtor pays the amount of the decree and cost of the arrest to the officer arresting him, such officer shall release the Judgment Debtor.
4. The prayer of DH to attach immovable property mentioned in the application is kept open and it will be considered after DH complies Rule 13 and 14 of Order 21 of CPC.
Matter is adjd on 16.07.2022 Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: By Praecipe
Adv for plff DH present
Adv for Defendant
Adv for plff DH tendered application to take the matter on today\''s board t.o.r. marked as Exh.6
Order - Allowed
Adv for DH further tendered application to specifically mention the amount of subsistence allowance. t.o.r. marked as Exh.7
K.B. L.O. at 5.26 pm
Following order is passed below application Exh.7
1. Decree Holder to deposit cost of arrest and subsistence allowance for JD for 15 days as per the Rules.
Matter is adjd on 16.07.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv Swati Thakur for plff DH present
None for Defendant JD
Adv for DH tendered warrant of arrest t.o.r. marked as Exh 8
Adv for DH tendered application for direction to police to arrest JD t.o.r marked as Exh 9
O- Put up for argument
Adv for DH further tendered application for attachment of immovable property t.o.r marked as Exh 10
O- Put up for argument
Matter is adjd on 06.08.2022 for Argument
Later on at 3.07 pm
Adv for def JD present
He tendered application to stay warrant dated 08.06.2022 t.o.r. marked Exh 11.
O- Other side to file say.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Matter called out at 11.27 am
Adv Swati Thakur for plff present DH present
Adv V.V. Yelve for Defendant JD present
Adv for plff tendered reply to application Exh 11 t.o.r marked as Exh 12
K.B. for argument
L.O. at 3.19 pm
Heard Ld. advs for both sides on Application Exh 11 filed by the JD to stay the warrant of arrest. Perused reply Exh 12 filed by DH to the said application. Both the Ld. advs submits that there is no stay to execution proceedings. Learned adv for JD submits that JD is ready to deposit certain amount if sufficient time is given to him. He submits that JD will deposit an amount of Rs.1,50,000/- within one week and thereafter within next 15 days he will deposit an amount of Rs. 1,50,000/- in the court. It seems that JD has bonafide intentions to comply the decree. Therefore, the warrant of arrest can be stayed for giving sufficient opportunity to the JD to deposit the amount in court as per the submissions made by Adv for JD. Therefore, following order is passed below Exh 11 application
Order
1. The warrant of arrest issued against Judgment Debtor is stayed till further orders on following conditions.
2. Judgment Debtor Shall deposit the amount of Rs.1,50,000/- on or before 17.08.2022 and thereafter he shall deposit further amount of Rs. 1,50,000/- on or before 30.08.2022.
3. Office is directed to keep the warrant of arrest of Judgment Debtor in abeyance till further order.
Matter is adjd on 17.08.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Matter called out at 1.03 pm
None for plff DH
JD present
Adv V.U.Yulve for Defendant JD present
Adv for JD tendered application for permission to deposit amount of Rs. 1,50,000/- in the court t.o.r marked as Exh 13
O- JD is permitted to deposit the amount of Rs. 1,50,000/- in the court
Matter is adjd on 30.08.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv Swati Thakur for plff DH present
Adv V.V. Yelve for defendant JD present
Adv for JD tendered application for permission to deposit Rs.1,50,000/- in the court t.o.r. marked as Exh 14
O- Defendant JD is permitted to deposit Rs.1,50,000/- in the court.
Adv for plff DH tendered application to direct JD to provide schedule of payment t.o.r marked as Exh 15
O- JD to file Say. Copy be served upon adv for JD.
Matter is adjd on 17.09.2022 for Reply on Exh 15
Next Purpose: REPLY
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Matter called out at 1.02 pm
Adv Swati Thakur for plff present
Adv V.V.Yelve for defendant present
Adv for JD tendered reply to application Exh 15 t.o.r marked as Exh 16. Copy served upon adv for plff
Matter is adjd on 30.09.2022 for Hrg on Exh 15
Next Purpose: HEARING
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Matter called out at 11.28 am
Adv Swati Thakkar for plff DH present
None for defendant
K.B. L.O. at 4.05 pm
Adv Swati Thakkar for plff present
Adv V.V.Yelve for defendant present
Adv for defendant tendered payment schedule reply t.o.r 17
Adv for DH submits that amount deposited by JD be released in favour of DH. Call the report from office regarding deposit of amount by JD. Put up for argument.
Matter is adjd on 17.10.2022 for Report/Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Matter called out at 11.44 am
Adv Swati Thakkar for plff DH present
None for defendant JD
K.B. L.O. at 3.48 pm
Adv Swati Thakkar for plff present
Adv V.V.Yelve for defendant present
Heard adv for DH and JD on application Exh 15. Report about the amount deposited by JD is not received from the office. Put up for order on next date.
Matter is adjd on 09.11.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Matter called out at 11.21 am
Adv Swati Thakur for plaintiff DH present
Adv V.V.Yelve for defendant present
K.B. L.O. at 4.14 pm
Adv Swati Thakur for plff DH present
Report submitted by Deputy Registrar PLA Section (Accounts Department) t.o.r marked as Exh 18
On the last date, I have heard both the sides on the application Exh 15 filed by DH with prayers to direct JD to provide complete schedule of payment of decreetal amount to order JD to give surety to person in respect of the balance amount and to allow DH to withdraw the amount deposited by JD in the court. Pursuant to the said application, JD has tendered payment schedule at Exh 17 showing his willingness to pay an amount of Rs. 15,00,000/- to DH within one year. He has given the schedule of payment of Rs. 5,00,000/- on 01.01.2023, Rs. 5,00,000/- on 01.04.2023 and Rs. 5,00,000/- on 01.08.2023. To this schedule, adv for DH has objected that it is not in accordance with the oral submissions made by adv for JD and since long the matter is pending without JD obeying the decree by making the payment of decreetal amount. Admittedly, the JD has deposited an amount of Rs. 3,00,000/- in the court in two installments of Rs. 1,50,000/- each on 17.08.2022 and 30.08.2022. This indicates the willingness on the part of JD to make the payment. However, the schedule cannot be stretched for one year in view of the outstanding decreetal amount. Reasonable time can be granted to JD but not as per the schedule submitted at Exh 17. The arrest warrant that was issued against the JD vide order dated 18.06.2022, is already stayed on 06.08.2022 and it is ordered to be kept it abeyance till further order. In view of the installments which JD has provided in payment schedule Exh 17 by maintaining the said installments, the period of making payment of the said installments can be shortened so as to bring the total period to six months. The JD to make the payment of first installments of Rs. 5,00,000/- on or before 01.01.2023, second installment of Rs. 5,00,000/- on or before 01.03.2023 and the next installment of Rs. 5,00,000/- on or before 01.05.2023. He shall also provide schedule of remaining payment on or before 01.05.2023. On default of JD to make the payment of any installment as per the above schedule, DH is at liberty to press for execution of arrest warrant which is stayed by the court. So far as the prayer of DH for withdrawal of the amount deposited by JD in the court is concerned, the report submitted by Deputy Registrar PLA Section (Accounts Department) ( Exh 18) shows that JD has deposited total amount of Rs. 3,00,000/- in the court in two installments of Rs. 1,50,000/- each. Being the decreetal amount, the DH is entitled to withdraw the said amount. Therefore, Accounts department is directed to release the amount of Rs. 1,50,000/- ( Deposit date 17.08.2022, Ledger No. S-5/85) and the amount of Rs. 1,50,000/- (deposit date 30.08.2022, Ledger No. S-5/85) i.e. total amount of Rs. 3,00,000/-, alongwith accumulated interest if any in favour of the DH as per rules.
Matter is adjd on 02.01.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Matter called out at 12.07 pm
None for plff
None for defendant
K.B. L.O. at 2.55 pm
Adv Swati Thakur for plff DH present
None for defendant JD
Adv for DH submits that defendant has not paid the installment as per the schedule fixed on last date.
Matter is adjd on 23.01.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. for plaintiff present.
None for JD.
Adv. for plaintiff tendered application for execution of warrant of arrest.TOR and marked as Exh. 19. O- JD to file reply.
Copy be served upon JD.
Adv. for plaintif tendered application for attachment of assets of JD.TOR and marked as Exh.20.O- JD to file reply.
Copy be served upon JD.
Matter is adjd on 04-02-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. for DH present.
Adv. for JD present and seeks short date by submitting that mother of JD is not keeping well therefore he could not attend the Court. O- Short time granted as last chance.
Matter is adjd on 14-02-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. for DH present.
None for JD.
Adv. for DH submits that JD is not making payment of installment as per schedule fix by the Court and request that arrest warrant be issued against JD.
Perused record application Exh. 19 filed by DH for execution of warrant of arrest is pending for reply of JD.
Today none present for JD. Despite of giving opportunity to file reply, JD has not filed reply and putforth any explanation for not abiding with schedule dtd. 09/11/2022. In these circumstances, it appears that JD is willfully not abiding with schedule and making payment of installment. Warrant of arrest was conditionally stayed on 06/08/2022. However, thereafter JD has not made payment even as per his schedule at Exh. 17. Therefore application Exh. 19 is allowed. The warrant of arrest be executed against JD. DH to make necessary compliance.
Matter is adjd on 18-03-2023 for compliance.
LO at 4.44 pm
Adv. Ashwini Gawade for JD present.
Matter is already adjd on 18-03-2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Swati Thakur for DH present.
None for JD when called out.
On oral request of advocate of DH warrant of arrest is extended till next date.
Matter is adjd on 12-04-2023 for compliance.
LO at 3.48 pm
Adv.Satish Kadam for JD present and tendered application for stay of warrant. TOR and marked as Exh. 21. Copy be served upon other side. O- DH to file reply.
Matter is already adjd on 12-04-2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. for DH present.
None for JD.
Adv. for DH present and submits that warrant of arrest could not be executed.
Matter is adjd on 29-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Matter called out at 12.44 pm
None present
Duplicate warrant of arrest received TOR marked as Exh. 22
Matter is adjd on 17.06.2023 for Compliance
Later on at 3.31 pm
Adv Swati Thakur for DH present and tendered hand written reply on application Exh.12.
Adv. for DH also tendered application for DH for further steps and marked as Exh.
Already adjd on 17.06.2023.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH present.
None for JD.
ORDER ON EXHIBIT-21 AND 22.
Record shows that the JD is willfully avoiding Execution of arrest warrant. Today also JD and his advocate are absent. Though vide Exh-21 JD sought stay to the arrest warrant he failed to substantiate his stand. Therefore, there is substance in submission of Ld.Adv. for DH. The JD is deliberately avoiding the service of arrest warrant. Therefore, Exh-21 deserves to rejected and Exh-22 deserves to allowed. Hence, following order-
ORDER
1. Application Exh-21 seeking stay of warrant is hereby rejected.
2. Application Exh-22 is allowed in terms of prayer clause.
3. DH to pay requisite fees of police aid to concerned Police Station.
4. The Sheristedar to issue writ accordingly to the concerned police station to provide one Male and one Female police constable along with the Bailiff.
Matter is adj to 27/07/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH present.
Adv.V.V. Yelve for JD present. He filed application Exh-23 to permit JD to pay Rs.7,00,000/- to the decree holder. Adv. for decree holder filed say and submits that DH is ready to accept it as a part payment. Considering the submission of the both sides JD to pay such amount by way of Demand Draft on or before 31/07/2023.
Adv. for JD filed application for stay to the execution of warrant (Exh-24)
Order- Though Decree holder resist the application, he submits that if JD pay remaining amount of Decree within the two month he has no objection to stay execution of the arrest warrant. Adv. for JD submits that JD will pay balance amount within the two months. Considering submission of the both sides application Exh-24 is allowed and execution of warrant of arrest is stayed for two months failure of which application shall be deemed to have been rejected.
Matter is adj to 31/07/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH present.
Adv.V.V. Yelve for JD present. He filed application (Exh-25) along with xerox copy of DD (Exh-26), which is accepted by advocate for DH. Accordingly Adv. for DH has made endorsement on Exh-26.
Matter is adj to 19/08/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH present. She filed application on behalf of DH to produce balance payment of Money Decree T.O.R marked as Exh-27. Order-Seen
None for JD.
Matter is adj to 30/09/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH/plaintiff present.
Adv.V.V.Yelve for JD/defendant present. He seeks time to comply the order Exh-24. Considering submission of Ld.Adv. for DH and directions passed on 27/07/2023 the submission of JD is not acceptable hence issue arrest warrant as per Exh-19. DH to pay necessary allowances with the Execution Department of the court as per rules.
Adv.Swati Thakur for DH filed application for attachment and sale of residential house of the JD marked as Exh-28 along with list Exh-29. Order-JD to say on Exh-28.
Matter is adj to 21/10/2023 for reply on Exh-28.
Next Purpose: REPLY
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters and recording evidence in Civil Case and Sessions Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Mrs.Swati Thakur for DH/plaintiff present. She filed pursis marked as Exh-30.
None for JD/defendant.
Matter is adj to 09.11.2023 for Order on Exh. 30
Next Purpose: ORDER
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
JD failed to file reply on Exh-28. Hence his right to file reply is hereby forfeited. Accordingly pursis Exh-30 is filed of.
Matter is adj to 11/12/2023 for argument on Exh-28
Later on at 3.20pm
Adv.V.V.Yelve for JD/defendant present. He filed application for stay of arrest warrant marked as Exh--.
Order-Other side to say.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: PO IS ON LEAVE.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Swati J.Thakur for DH/plaintiff present. She seeks time to get execute arrest warrant.
None for JD/defendant.
DH filed reply on Exh-31.
Matter is adj to 15/01/2024 for argument on Exh-31
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 22/02/2024 for argument.
Later on at 12.29pm
Adv.Mrs.Swati J.Thakur for DH/plaintiff present. In view of her submission time is extended till warrant of arrest is executed as per order dated 17/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. Swati Thakur for D. H/ Plaintiff Present.
Adv. V. V. Yelve for Respondent present.
Bailiff report received for warrant of arrest.
Application for direction to police filed by Adv. Of D.H.
By Consent Matter is adj to 14/03/2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for D/H. Adv. for J/D present.
Later on Adv. for D/H present.
Adv. V. V. Yelve present for Respondent.
Adv. Swati Thakur present for plaintiff/DH.
Considering submission of the both side and record the application Exh. 31 is rejected. Thee is substance in submission of the learned adv. for the D/H that the arrest of judgment letter can not be effected without police aid. It is submission of learned Adv. of D/H that this court has passed order on 17-06-2023 to extend the police aid however the warrant could not be executed as there is communication gap in between office of the Sherif and police, hence police be directed to arrest the judgment debtor. Considering her submission the D/H is directed to show the provision that court can directly ask the police to arrest the judgment debtor.
Matter is adj to 18-04-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Mrs.Swati Thakur for DH/plaintiff present.
Adv.V.V.Yelve for JD/defendant present.
Heard both the sides on Exhibit-33.
Matter is adj to 11/06/2024 for order on Exhibit-33
Next Purpose: ORDER
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for DH/plaintiff.
Adv.Vikee Yelve for JD/defendant present.
Matter is adj to 02/07/2024 for order.
Later on.
Adv.Mrs.Swati J.Thakur for DH/plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Po is on leave 20-07-2024
Next Purpose: ORDER
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Matter called out at 11.14am
None present.
Matter is adj to 16/10/2024 for order on Exh-33.
Next Purpose: ORDER
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Not on board taken on board.
Letter received from Hon’ble PJ Bearing Inward No.AS/PJ/CR-19/520/2024 dated 13/08/2024 by this court.
As per letter matter to be decided the expeditiously hence today matter is taken on board and date is preponed and matter is kep on 31/08/2024 hence issue court motion notice to both the sides through bailiff.
Matter is adj to 31/08/2024 for service report/order on Exh-33.
Next Purpose: ORDER
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for DH/plaintiff.
None for JD/defendant.
Bailiff report of notice to JD/defendant marked as Exh-34
Keep Back.
Later on at 1.47pm
Adv. Swati Thakur for DH/Plaintiff Present.
Adv. V. V. Yelve for JD/defendant present. He filed application for adjournment marked as Exh-35. O-Other side to say.
Order on Exh-35- In view of say filed by the DH/plaintiff time granted as last chance.
Matter is adj to 03/09/2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Decree Holder present.
Adv. Swati Thakur for DH/Plaintiff Present.
Adv. V. V. Yelve for JD/defendant present.
F.R.S.R following order is passed on Exh-33.
ORDER
Application Exh-33 is rejected.
Matter is adj to 23/09/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 22/11/2024 for taking steps by decree holder.
Later on at 3.20pm
Adv.Swati Thakur for DH/plaintiff present. She filed application for
issuing warrant of attachment of movable property of JD Under order XXI Rule 43 of CPC marked as Exh-34 Other side to say.
Adv. for DH/plaintiff filed application for attachment of investment amount of JD marked as Exh-35. Order-Other side to say.
Matter is adj to 25/10/2024 for say on Exh-34 to Exh-35.
Next Purpose: FILING SAY
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 01/02/2025 for say on Exh-34 and Exh-35.
Later on 2.45 p.m.
Adv Swati Thakur for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 21/12/2024 for say on Exh-34 and Exh-35.
Next Purpose: FILING SAY
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: PO IS ON LEAVE.
Next Purpose: FILING SAY
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: PO IS ON LEAVE.
Next Purpose: FILING SAY
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Swati Thakur for DH/plaintiff present.
None for JD/defendant.
JD/defendant called repeatedly he is absent and fails to file reply on Exh-34 and Exh-35 hence, application at Exh-34 and Exh-35 proceeds without reply against JD/defendant.
Adv. for DH/plaintiff filed application for attachment and freezing of back account t.o.r marked as Exh-36. Order-Other side to say.
DH/plaintiff to serve copy of Exh-36 to JD/defendant.
Matter is adj to 17/03/2025 for hearing on Exh-34 and Exh-35/reply on Exh-36
Next Purpose: HEARING
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Matter called out at 11.46am
Adv.Swati Thakur for DH/plaintiff present.
None for JD/defendant.
At the request of advocate for DH matter is kept back.
Second time matter called out at 3.34pm
Adv.Swati Thakur for DH/plaintiff present.
Adv.V.V. Yelve for JD/defendant present and filed adjournment application taken on record marked as Exhibit-37. Order-Other side to say.
Adv.Swati Thakur for DH/plaintiff filed say on Exhibit-37 itself.
Order on Exhibit-37:- Time for filing reply on Exh-36 is granted.
JD/defendant fails to file reply on Exhibit-34 and Exh-35 hence, application Exhibit-34 and Exh-35 proceeds without reply against JD/defendant.
Matter is adj to 11/04/2025 for hearing on Exh-34 and Exh-35/reply on Exh-36.
Next Purpose: HEARING
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: P.O.is on leave
Next Purpose: HEARING
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv Swati Thakur for DH present and not pressed application at Exh. 34 and 35 with a permission to file a fresh. Order : Application at Exh. 34 and 35 are disposed off with liberty to file fresh one.
Application at Exh.35-A is pertaining to seeking time to deposit decreetal amount pending since August 2024. Already from August 2024 till date, time is availed by JD for depositing decreetal amount. Hence application become infractuous accordingly disposed off.
None for JD.
Ld advocate for DH sought time to file appropriate for execution of decree Order : Granted.
Matter is adj to 05.05.2025 for steps
Next Purpose: HEARING
Next Hearing Date: 05-05-2025
Date: 05-05-2025
Business: P.O.is on Leave
Next Purpose: HEARING
Next Hearing Date: 09-05-2025
Date: 09-05-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv. Jyotsna Putran for DH present.
None present for JD.
JD fails to file reply on Exh.36. Hence, Exh.36 be kept for no say order against JD.
Matter is adj to 18.06.2025 for no reply order on Exh.36.
Next Purpose: ORDER
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: CORAM - H.H.J. SMT. S. S. NAGUR-(C.R.NO.59)
DH in person present, his advocate absent.
None for JD.
Matter is adj to 04/07/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Later on at 2.52pm
Adv.Swati Thakur for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 28/07/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Later on at 1.11pm
Adv.Swati Thakur for DH/plaintiff present and filed application for permission to sign in application Exh-26 and list of document. T.O.R marked as Exh-38. Order-Permission granted.
None for JD/defendant.
Adv. for DH/plaintiff signed the application Exh-36 and list of documents.
Adv. for DH/plaintiff partly heard on Exh-36.
Matter is adj to 04/08/2025 for argument on Exh-36 P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Swati Thakur for DH/plaintiff present.
None for defendant.
Keep Back.
Matter called out at 3.52pm
Adv.Swati Thakur for DH/plaintiff present and filed application to seek permission to file list of documents along with list of document. T.O.R marked as Exh-39. Order-Production allowed.
None for defendant.
Heard Ld.Adv. for DH/plaintiff on Exh-36.
Matter is adj to 18/08/2025 for order on Exh-36
Next Purpose: ORDER
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Swati Thakur for DH/plaintiff present.
None for JD/defendant.
Due to paucity of time, matter is adj to 28/08/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for DH/plaintiff.
None for JD/defendant.
As court is busy in passing order in other matter hence, matter is adj to 02/09/2025 for order on Exh--.
Next Purpose: ORDER
Next Hearing Date: 02-09-2025
Date: 02-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Later on at 3.58pm
DH in person present.
Matter is adj to 03/09/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Swati Thakur for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 09/09/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Later on at 5.26pm
Adv.Ramesh Jain h/f Adv.Swati Thakur for DH/plaintiff present and requested for adjournment.
DH/plaintiff in person present.
Matter is adj to 12/09/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Later on at 4.07pm
Adv.Ramesh Jain h/f Adv.Swati Thakur for DH/plaintiff present and requested to keep the matter on 18/09/2025 for taking steps hence, matter is adj to 18/09/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Keep Back.
Second time matter called out at 4.01pm
Adv.Ramesh Jain h/f Adv.Swati Thakur for DH/plaintiff present and filed further affidavit in support to proceed further for issuance of warrant of sale in Execution Application. T.O.R marked as Exh-40. Order- Seen.
Heard Ld.Adv. for DH/plaintiff.
Matter is adj to 20/09/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Persued affidavit and heard.
As per order roznama dated 17/06/2023 the JD as sought stay to the arrest warrant but said application was rejected and application Exh-22 was allowed in terms of prayer clause and it was directed to issue writ to police station for police aid. The said warrant of arrest later on stayed. Thereafter, it was re-issued again. It is seen that the JD is continuously is absent and not deposited the remaining amount. The warrant of arrest as per order dated 17/06/2023 is not yet executed. Hence, issue warrant of arrest against JD as per order dated 17/06/2023.
Matter is adj to 18/10/2025 for compliance of report.
Next Purpose: REPORT
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: Court Vacant
Next Purpose: REPORT
Next Hearing Date: 11-11-2025
Date: 25-11-2025
Business: Court Vacant
Next Purpose: REPORT
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Matter pertains to CR. No.59.
Adv. Ramesh Jain for DH is present.
Adv. B. V. Yelve for JD is present and filed application. TOR. Marked as Exh-42. O- Cheque of Rs.1 Lakhs be handed over to the DH toward part satisfaction of the decree subject to realization of the cheque.
JD to strictly comply with the orders dated 11.11.2025 failing which DH is entitiled to take appropriate steps.
Matter adjourned for payment to 22.12.2025.
Next Purpose: REPORT
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: Court Vacant
Next Purpose: REPORT
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Matter pertains to C. R. No.59.
Adv. Yogesh Jain for DH is present.
Adv. B. V. Yelve for defendant is present and filed application requesting for sending the matter to Mediation. TOR. Marked as Exh-43. DH strongly opposed and submitted that this application only moved to prolong the proceeding and Execution of Decree. As DH is opposing the application hence same is filed.
Record goes to show that by order dated 17.06.2023 arrest warrant were issued thereafter same was stayed as DH offered to make some payment but subsequently he failed then by order dated 20.09.2025 again arrest warrant was issued. On 11.11.2025 JD undertook to make remaining payment within 3 months and has made part payment. On 10.12.2025 instead of paying the second installment only Rs.1Lakh was given.
The order dated 11.11.2025 is very clear and in case JD makes any default in complying with the undertaking Exh-41 will have to face consequences. JD has committed default the undertaking Exh-41. Accordingly issue arrest warrant against JD in terms of order dated 17.06.2023.
Matter adjourned for report to 27.01.2026.
Next Purpose: REPORT
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 02-02-2026
Date: 02-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Matter pertains to CR. No. 59.
DH a/w Adv. Ramesh Jain is present.
None for JD.
Re-issue arrest warrant against JD.
Matter adjourned for compliance to 16.06.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Ramesh Jain for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 21/07/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2026
Date: 21-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None present.
Matter is adj to 03/08/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2026
Date: 03-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None present.
Matter is adj to 01/10/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2026Additional Case Details
Additional Case Details
Filing Number: 100508/2020 Filing Date: 14-01-2020 First Hearing Date: 31st January 2020 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
4Order Details: Other Pdf Text: Order below application in Exe. Application No. 54/2020 1 MHCC010006172020 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI ORDER BELOW APPLICATION DTD.29/11/2021 IN EXECUTION APPLICATION No. 54 OF 2020. Jayprakash Atmaram Thakur. R/At : B403, Mhalsa Heights CoOperative Housing Society, Sector 19, Airoli, Navi Mumbai. ...Plaintiff/ Decree Holder Versus Shashidhar Babu Shetty. R/at 50/4, Akashwani CoOperative Housing Society, Datar Colony, Bhandup (East), Mumbai – 400 042. ....Defendant./ Judgment Debtor. Appearance: Ms. Swati Thakur, Advocate…
Order Details: Order below exhibit Pdf Text: Order on Exh. 33 in Exe Appln No. 54 of 2020 1 MHCC010006172020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXH. 33 IN EXECUTION APPLICATION NO. 54 of 2020 Jayprakash Atmaram Thakur. ....Plaintiff. V/s. Shri. Shashidhar Babu Shetty. ....Defendant. Appearances :- Adv.Mrs.Swati Thakur for DH/plaintiff . Adv.V.V.Yelve for JD/defendant. Coram : Smt. Ashwini V. Kasture. C.R. No.: 59. Date : 03/09/2024. ORDER This is an application for giving direction…
Order Details: Other Pdf Text: Order below application in Exe. Application No. 54/2020 1 MHCC010006172020 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI ORDER BELOW APPLICATION DTD.29/11/2021 IN EXECUTION APPLICATION No. 54 OF 2020. Jayprakash Atmaram Thakur. R/At : B403, Mhalsa Heights CoOperative Housing Society, Sector 19, Airoli, Navi Mumbai. ...Plaintiff/ Decree Holder Versus Shashidhar Babu Shetty. R/at 50/4, Akashwani CoOperative Housing Society, Datar Colony, Bhandup (East), Mumbai – 400 042. ....Defendant./ Judgment Debtor. Appearance: Ms. Swati Thakur, Advocate…
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