P.Nadarajan Since Deceased through his Legal Representives / Heirs. Dispute No. CC/I/62/2001VsAuthorized Officer, Deonar Industrial Premises Co-Op, Society Ltd.

Date: 31-01-2020
Business: Shri. P. Nadarajan plaintiff-in-person present.
On request of Shri. Nadarjan, issue notice before execution, returnable on 06/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Shri P. Nadarajan Applicant in person present.
Shri. Ganesh Gosavi Authorised Officer of respondent present.
Exe.application marked as Exh.A(Colly).
Applicant has tendered original notice alongwith service report endorsed thereon, t.o.r., and marked as Exh-B.
Shri. Gosavi seeks time to filed reply stating that copy of exe.application has not been served upon society.
The applicant has furnished the copy of exe.application upon Shri Gosavi across the bar.
By consent, for reply of respondent adjourned to 27/3/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Shri. P. Nadarajan applicant in person present.
Shri Asgar Ali advocate for respondent present.
Shri Ali has tendered vakalatnama for respondent t.o.r. and marked as Exh.C.
He has also tendered affidavit in reply of respondent t.o.r. and marked as Exh.D.
Upon filing of reply by respondent, the matter has become contested and therefore in view of provisions of Section 8(2)(c) of Bombay City Civil Court Act, 1948, matter is here by submitted to Honourable Court on 03/02/2021, as per assignment.
Office to take steps to assign this matter to the Honourable Court.
Parties and advocates to appear before the Court as may be assigned, on 03/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for DH.
Advocate Asgar Ali for JD present.
The execution is forwarded to this Court by Ld. Registrar in view of the reply filed by the JD. I have gone through the affidavit in reply of the respondent. Its perusal reveals that the JD is not contesting the execution application.  In absence of such contest, execution application is forwarded to Ld. Registrar for taking further steps in accordance with law.
Parties to appear before Ld. Registrar on 15.02.2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Shri P. Nadarajan applicant present.
Shri Aakash Palsamkar advocate for respondent present.
This matter has been sent back to this Court from Court room No.3 observing that JD is not contesting the Execution Application.
Advocate for JD consents for issuing process as prayed for by the applicant.
Hence, issue appropriate writ/letter  under section 54 of CPC, to the concern Collector for demarcation of suit land into separate plots for each member as per award, subject to furnishing detail address of the concern Collector to this office by the applicant, enabling this office to issue writ/letter with the said collector.
Awaiting compliance adjourned to 17/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Shri P. Nadarajan plaintiff in person present.
As court is on leave, board discharged and matter adjourned to 08/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Shri P.Nadarajan applicant present.
Shri Asgar Ali, Advocate for respondent present.
As court is on leave, board discharged and matter adjourned to 07/05/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-05-2021

Date: 07-05-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 26/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-06-2021

Date: 26-06-2021
Business: Being holiday as per Office Order No.117 of 2021, matter adjourned to 31/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: As Court is on leave, board discharged and matter adjourned to  01/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Shri P. Nadarajan disputant in person present.
Shri Azar Ali advocate for opponent present.
Copies of letters dated 05/03/2021 and 14/07/2021, received form City Survey Office, Ghatkopar under this office Inward No.728, dated 12/03/2021, and 1918 dated 18/08/2021, taken on record and marked as Exh.E and F respectively.
As the dated for demarcation is not yet fixed on request of Shri Nadarajan matter adjourned to 22/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: P.Nadarajan, in person present.
Shri Nadarajan states that process of demarcation is complete and has applied before the concerned authority for certain other related compliance and awaiting report, request of adjournment and on his request matter adjourned to 13/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 18/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: As Court is on leave, board discharged and matter adjourned to 22/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Shri P. Nadarajan applicant-in person present.
Shri Azgar Ali advocate for respondent present.
Shri Nadarajan states the work of demarcation in all the four Exe.Applications being Exe.Applin.Nos.55 of 2020 to 58 of 2020 has been completed by the competent authority, however, report to that effect is not yet submitted to this Court.
He therefore, prays that appropriate letter be sent to the said authority asking to submit report to this Court.
Hence, office to issue letter to concerned authority to submit the report in respect of demarcation to this Court on or before next date.
Awaiting report matter adjourned to 30/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Shri P. Nadaraja, plaintiff in-person present.
Shri Azgar Ali, Advocate for defendant present.
Plaintiff prays that reminder may be issued to the concern authority as despite issue of letter report is not submitted by the said authority.
Hence, issue reminder accordingly.
Matter adjourned to 30/04/2022, awaiting report.
Next Purpose: FOR___________________
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Shri P.Nadarjan, applicant in-person present.
Shri Azagar Ali advocate for repondent present.
Office of City Survey Officer, Ghatkopar has addressed sent letter No.503, date 05/04/2022 alongwith its annextures, received in this officer vide Marathi Inward No.1073, date 06/04/2022, t.o.r and marked as Exh.G.
Shri Nadarajan states that in pursuance of the letter dated 04/04/2022, sent by City Survey Officer,Ghatkopar, he has filed his say in the said office.
Shri Nadarajan states that despite filing of say the concern office has not yet submitted the report to this office and request for issuance of letter to expedite the matter.
Hence, issue letter to the City Survey Office, Ghatkoper, to expedite the matter and to submit the report to this office in all the four matters on or before 10/06/2022.
Awaiting report matter adjourned to 10/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Shri P. Nadarajan, applicant in-person present.
Shri Hamid, advocate for respondent society present.
Shri Nadarajan, states that awaiting report from the collector, matter be adjourned for shorter date.
Hence, by consent matter adjourned to 17/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Shri Adyanthya advocate for applicant present.
Shri P. Nadarajan, applicant present.
Shri Hamid, advocate for respondent society present.
Letter No.344 and 347/841 date 10/06/2022, received from the office of City Survey Office, Ghatkopar, vide this Office Marathi Inward No.1764 date 10/06/2022, t.o.r and marked as Exh.H.
Perusal of the letter shows that the City Survey Office has expressed inability for demarcation on the grounds as stated in the said letter.
Shri Adyanthya states that the reasons stated in the letter are not tenable and request that the matter be referred the Honourable Court No.3 for issuing appropriate directions.
Hence, on request of Shri Adyanthya matter is hereby submitted to Court room No.3 on 23/06/2022.
Office to take steps to assign this matter to Court room No.3.
Parties and advocates to appear before Court room No.3 on 23/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Execution application received from Registrar Court.
DH in person present.
Adv. Hamid Ahmad h/f Adv. Asgar Ali for JD present.
Matter stands adjourned to 01.08.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: DH in person present.
Adv. Asgar Ali for JD present.
Common letter received from City Survey Office, Ghatkopar vide In. No.2336 dated 21.07.2022. TOR, Exh.02.
K.B.
Later on mentioned at 3.53 p.m.
DH in person present.  He tendered affidavit. TOR. Exh.03.
Matter stands adjourned to 03.09.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Holiday declared as per Order No.178/2022 dated 25.08.2022.
Next Purpose: HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: NOBTOB, moved by praecipe.
DH in person present. He tendered compilation of order. TOR.
Adv. Hamid Ahmad h/f Adv. Asgar Ali for JD No.1 present.
Heard the DH and the JD No.1.
Matter stands adjourned to 08.10.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: DH in person present.
It appears from the record that, it is an Execution proceeding for execution of decree passed by Co-operative Appellate Court directing the JD society to conduct the demarcation of suit property and to allot the plot to decree holder as per bye-laws. The DH has filed this EA No. 55/20 and the process of demarcation is completed.
After the demarcation, the letter was issued to revenue authorities for further action but, the collector office issued a letter on 09.06.2022 intimating that the name of original owner is appearing in the revenue record as well as there is a stay in the WP No.4305/2007.
It is submitted by the DH that WP is pending regarding the NA and mutation entry.
A suit filed by original owners was withdrawn and another suit filed by the developer claiming through original owners, the application for interim relief came to be rejected.  Thus, there is no stay to this EA. Consequently, I am of the view that though there are multiple proceedings the revenue authorities are bound to obey the decree.  Hence, the concerned authorities are required to take the entries in revenue records regarding the allotment of plot to DH out of suit property, after the demarcation which is already completed and to allot the plot to the DH.
At 11.33 a.m. Adv. Asgar Ali for JD No.1 present.
He submitted that he has no issues if the plot is alloted to the DH as per the decree of Co-operative Appellate court. Hence, the revenue authority is directed to comply the order of decree irrespective of nature of the suit property and their record.
Issue letter to the revenue authorities accordingly.
Matter stands adjourned to 03.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Adv. Asgar Ali for JD present.
None present in DH.
Matter stands adjourned to 13.02.2023 for compliance.
Later on at 11.48 a.m.
DH in person present.
DH to submit the progress report from concerned authorities about the
directions given in the last roznama.
Already adjourned to 13.02.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. P. Nadaranjan DH present.
Later on at 1.50p.m.
Guruprasad Kanitkar maintenance survey City Survey Officer, Ghatkopar office present.
Matter stands adjourned on 28.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: DH in person present.
None present for JD.
Mr. Khanderam Tukaram Redekar from City Survey Office Ghatkopar present.
The department of City Survey Office has submitted the common report. TOR. Exh-04.
Matter stands adjourned on 27.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: As court is on leave, matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: CORAM - H.H.J. SMT. N. S. SHAIKH (CR. 03)
Mr. Natranjan Decree Holder present.
City Survey Officer Mr. Khanderam Tukaram Redekar present.
Order in Execution Application No. 55 of 2020.
Heard Decree Holder in person and Mr. Khanderam Tukaram Redekar from City Survey Office Ghatkopar. Perused Exhibit-4 the report of City Survey Office Ghatkopar. In view of Exhibit-4 the property is divided and names are entered in the City Survey record. The execution is for demarcation of land and possession.
It is also admitted by Decree Holder that the lands are now demarcated, numbers are entered into City Survey record and possession is also handed over. However, it is submitted that the entries are not taken in 7/12 extract yet. Hence, Decree Holder is directed to take steps for getting the entries in 7/12 extract.
Matter stands adjourned on 19-01-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2024

Date: 19-01-2024

Date: 28-02-2024
Business: The Court is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff in person present.
None for defendant.
Matter adjourned for filing affidavit of service  to 14-06-2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH/plaintiff.
None for JD/defendant.
Matter adjourned for filing affidavit of service to 19-08-2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff is absent.
Adv. Mr. K. B. Adyanthaya submits that, applicant in person is conducting this EA but he has gone to his native place.
None for JD/defendant.
Matter is adjourned for affidavit of service to 01.10.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff No.1 (c) in person is present and he tendered affidavit of service upon the Tahsildar Kurla. TOR and marked as Exh.05. O- Seen and filed.
None for Jds/ defendants.
Matter adjourned for compliance by Tahsildar to 16-11-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff No.1 (c) in person is present.
None for JD/ defendant.
Matter adjourned for compliance to 04-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: PO is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH No.1(c) in person is present. He filed application to issue notice to Tahsildar for non compliance of order dated 19.01.2024. TOR and marked as Exh.06. O - Issue reminder to Tahsildar for taking necessary entry in the revenue record as per the decree under execution. Copy of this application also be sent to Tahsildar.
None for JD.
Matter adjourned for awaiting report from Tahsildar  to 03.04.2025.
Next Purpose: REPORT
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: court is on leave
Next Purpose: REPORT
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: DH No.1(c) namely Nadarajan is present.
None for JD.
K.B.
Later on at 1.18 p.m.
It was intimated by both side that till date the Tahsildar has not complied with the orders of this Court by mutating the name of DH in 7/12 extract.
ORDER below Exh-06.
Record goes to show that twice notice were issued to Tahsildar Kurla for complying but he has not complied, nor has given any reason for non compliance. As such the Collector Mumbai, is directed to take appropriate actions against Tahsildar Kurla for not complying with the orders of this Court. For ready reference copy of Exh-06 be sent to Collector Mumbai with directions to see that the orders of this Court are complied in time and to report its compliance by next date.
Matter adjourned for report to 08.08.2025.
Next Purpose: REPORT
Next Hearing Date: 08-08-2025

Date: 08-08-2025
Business: DH in person is present
Shree Bhaskar Tumbre, Gram Mahsul Officer (Talathi), Tahsil office Kurla is present and filed application for seeking 30 days time to comply. TOR. marked as Exh-07.  O- Granted.
Adv. Asgarali Shaikh for JD is present.
Matter adjourned for report to 19.09.2025.
Next Purpose: REPORT
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: PO is on leave, hence matter adjourned.
Next Purpose: REPORT
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. Junaid thange h/f Adv. Asgarali Shaikh for JD is present.
Poneel Applicant No.1(c) is present.
Shree Bhaskar Tumbre, Gram Mahsul Officer (Talathi), Tahsil office Kurla is present and submitted that due to technical error compliance could not have been done. He requested grant of minimum 45 days for compliance. O- Considering the request as last chance, matter is adjourned.
Matter adjourned for compliance to 15.01.2026.
                                                                                 Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: Due to polling day matter adjourned to 25.04.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2026

Date: 25-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
DH No.1(c) is present and submitted that the EA is completed and hence he will take suitable steps to withdraw the EA. He also filed pursis a/w report submitted by Tahsildar. TOR. Marked as Exh-08. O- Seen and filed.
None for JD.
Matter adjourned for steps to 13.08.2026.
                                                                                 Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
DH in person is present.
None for JD.
DH submitted pursis that the decree is satisfied and hence suit be disposed off vide Exh-09. As the decree is fully satisfied the EA No.55/2020 is disposed off.
                                                                                 Judge
Nature Of Disposal: OTHER
Disposal Date: 13-08-2026

Registration Number: 100055/2020
Transfer Date: 16-01-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100055/2020
Transfer Date: 15-02-2021
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100055/2020
Transfer Date: 22-06-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100055/2020
Transfer Date: 17-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 100289/2020
Filing Date: 15-01-2020
First Hearing Date: 31st January 2020
Decision Date: 13th August 2026
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE