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EXECUTION APPLN

KAVITA K. MORBIAVsSHRINIVAS INDIA INFRAHOUSING CONSTRUCTION PVT. LTD

CNR MHCC01000682201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 19th April 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100439/2015
Registration Date
09 Oct 2015

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 15-03-2018
    Business: Mr. Mahesh J. Devani, Advocate for Plaintiff, present.  At the request of Mr. Devani, adjourned to 20/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Mahesh Devani, Advocate for plaintiff present.  On his request Adjd to 06/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Mr. Mahesh J. Devani, Advocate for Plaintiff, present.  At the request of Mr. Devani, adjd to 10/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Parties and Advocate absent. As Court is on leave, board discharged and adjourned to 22/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Shri. Mahesh Devani, Advocate for plaintiff present. On request of Shri. Devani, adjourned to 11/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Ms. Urmi Devani, advocate for the Plaintiff present. On request of Ms. Devani, on account of settlement, adjd to 05/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Shri. Mahesh Devani, advocate for the Plaintiff present. On request of Shri Devani, adjd to 20/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Shri Mahesh J. Devani, Advocate for Plaintiff, present.
    On request of Shri Devani adjd to 16/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Shri Mahesh Devani, advocate for plaintiff present.
    On request of Shri Devani, matter adjourned to 18/06/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    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: Ms. Apeksha Vora h/f Mahesh Devani advocate for plaintiff present.
    On request of Ms. Vora adjourned to 26/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Shri Mahesh Devani advocate for plaintiff present.
    On request of Shri Devani matter adjourned to 22/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 28/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 30/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Parties and Advocate absent matter adjourned to 26/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Shri Mahesh Devani advocate for plaintiff present.
    On request of Shri Devani, on account of settlement matter adjourned to 07/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Shri Mahesh Devani, Advocate for Plaintiff present.
    On request of Shri Devani matter adjourned to 16/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Shri Mahesh Devani, Advocate for plaintiff present.
    None for defendant.
    Shri Devani states that defendant has assured for payment and request for longer adjournment and on his request adjourned to 16/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 25/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Shri Mahesh Devani advocate for plaintiff present.
    On request of Shri Devani in order to take search of the warrant of sale in the Office of Sheriff of Mumbai, matter adjourned to 21/12/2022
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Shri Mahesh Devani advocate for plaintiff present.
    Record shows that warrant of sale has already been issued in the matter in the year 2016 and considering the issues likely to arise during sale proceedings, it will be appropriate to refer the matter to the Honourable Court.
    Hence, by consent of Shri Devani matter is hereby submitted to Honourable Court as per assignment on 08/02/2023.
    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 08/02/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: As Court is busy in hearing on SJ No.266 of 2022 in Summary Suit No.595 of 2022 and SJ No.43 of 2020 in Summary Suit No.309 of 2018, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 19/04/2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.M.J.Devani for plaintiff present.  He filed application (Exh-2) for withdrawal of Execution Application.
    Ld.Adv. for plaintiff submits that he has received instructions in writing vide letter dated 20/02/2023 from the plaintiff to withdraw the present Execution Application.  As the DH do not want to prosecute the proceedings.  Copy of said letter is also annex with the withdrawal application same is marked as Exh-3.
       In view of the request made, I pass following order-
                                            ORDER
    1. Execution Application No.439 of 2015 is disposed of as withdrawn unconditionally.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 19-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100712/2018
    Filing Date: 09-10-2015
    First Hearing Date: 15th March 2018
    Decision Date: 19th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Apr 2023
    Order Details: Other
    Pdf Text: 04
    19/04/2023
    EA 439/15
    Exh2
    Exh3
    CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
    Adv.M.J.Devani for plaintiff present. He filed application (Exh2)
    for withdrawal of Execution Application.
    Ld.Adv. for plaintiff submits that he has received instructions in
    writing vide letter dated 20/02/2023 from the plaintiff to withdraw
    the present Execution Application. As the DH do not want to
    prosecute the proceedings. Copy of said letter is also annex with
    the withdrawal application same is marked as Exh3.
    In view of the request made, I pass following order
    ORDER
    1. Execution Application No.439 of 2015 is disposed of as
    withdrawn unconditionally.
    Judge
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