MRS. KAVITA MANISH SINGHVsMS MAYUR BUILDERS AND DEVELOPERS AND ORS.

Date: 22-03-2018
Business: Parties and advocates absent.  Adjourned to 20/12/2018, for return of warrant.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: None for Plaintiff and Defendant.  Shri Kaustubh Thipsay, Advocate for Intervenor/Obstructionist present.  Sheriff Report bearing No.SMK/A-68743/1972/2018 dated 06/10/2018, under this office inward no.12605 dated 22/11/2018, taken on record, marked as Exh-5.  Shri Thipsay states that he is intending to take out appropriate proceeding in the matter and the Vakalatnama tendered by him in the mater, is taken on record and marked as Exh-6.  For the present on request of Shri Thipsay, adjourned to 11/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Shri. Kaustubh Thipsay, advocate for applicant present. Other parties of advocate absent. Shri. Thipsay, states that he is taking out appropriate proceeding in the matter. However, as none appeared for plaintiff today, matter adjourned to 04/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Shri. Manish Rai, Advocate for plaintiff present. Shri. Kaustubh Rane, Advocate for third party present. As court is on leave, board discharged, matter is adjourned to 04/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Shri. Manish Rai, advocate for plaintiff present. Shri. Rai, states that third party has appeared in this matter and for reply of third party adjourned to 14/03/2019. Later on Shri. Asad Ali, advocate for intervener present and he is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Shri. Kaustubh Thipse, advocate for obstructionist is present. None for plaintiff and defendant present. Shri. Thipse states that, he is taking out appropriate proceeding in the matter and on his request adjourned to 22/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Parties and Advocate absent, adjd to  11/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Shri. Kaustubh Thipsay, advocate for the third party present. None for the Plaintiff and the defendant. On request of Shri. Thipsay, for taking appropriate steps adjd to 19/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Shri. Kaustubh Thipse, advocate for the third party present. None for the Plaintiff and Defendant. On request of Shri. Thipse, adjd to 20/08/2019, as he is taking out appropriate proceeding.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: None present.
Adjd for steps on 19/11/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: DH present. Adv. absent.
JD and adv. Absent.
None for obstructionist.
Reply to nm 3324/19 filed by DH. t.o.r.
Adjd. to 07.01.2019 for nm hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Kaustubh for Applicant filed registered NM 3324/19 @ Service Affidavit of NM 3324/19.
None for DH.
None for JD.
Adjd to 31.01.2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: DH present. Adv. kavita singh for DH.
Adv. Kaustubh for applicant present.
LO at 1.15pm
Adv. Manish Rai for DH.
Heard arguments.
Adjd for order to 10-02-2020
Next Purpose: ORDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv Kastubh Thipse for Plaintiff
None DH
None for JD
As court is busy in hearing matters.
Matter adj to 25-02-2020 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Manish Ray for DH.
None for JD.
Arguments on behalf of the parties have already been heard. I have perused the record. The applicant/intervener contents that he is the owner of the attached premises as he purchased the same vide agreement of transfer dtd.05.09.1995. He also contents that the society has recorded his name and issued the quarterly bill regarding the maintenance charges. On the other hand the DH claims that the JD owns the premises as summons was served on the JD at the same address and for the reasons as mentioned in the Affidavit in reply. However, none of the parties produced any authenticate record issued by the Vadala Udyog Bhavan unit holders co-op society. Neither the applicant intervener nor the DH produced any share certificate regarding ownership over the said premises. In this background it is just and proper to issue notice to the  Vadala Udyog Bhavan unit holders co-op society to remain present and produce copies of the documents of acquisition/ownership/right, title and interest over the disputed premises with the originals on or before next date. The Applicant to get the notice served through the bailiff on the  Vadala Udyog Bhavan unit holders co-op society.
Adjd for service to 15-06-2020
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: None present. Due to Covid 19 matter adjd.to 24/11/2020.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Kaustubh Thipse for obstructionist.
None for DH.
None for JD.
On the request of adv for obstructionist time is extended to serve notice Wadala Udyog bhavan unit holders co-op soc.
Adjd for service to 12-04-2021
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 09.11.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present.
Matter is adjd to 10/01/2022   for service.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: As per Office order 07 of 2022 dated 07-01-2022.
Matter is adjd. to 08-03-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: PO is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Both parties and their adv. are absent.
Adjd to 21/07/2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: COURT IS VACANT
Next Purpose: SERVICE
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: None present.
Applicant in NM no. 3324/19 absent. Hence, put up for NM dismissal.
Matter stands adjourned to  NM dismissal on 05-08-2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv.Kaustubh Thipsay present for Applicant.
None present for defendant.
Heard counsel of Applicant in NM.
NM is taken out for impleading  the  applicant as party to the Execution Proceeding, hence, Put up for argument of DH.
Matter stands adjourned for NM hearing P.H. on 09-10-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Tanvi Shah present for intervenor/Applicant in Draft NM.
None present for defendant.
KB.
L.O. at 1.05 pm.
Adv. Santosh Adolkar present plaintiff/DH.
Matter stands adjourned for NM hearing on 08-12-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: None present.
Matter stands adjourned for NM hearing on 09-02-2024.
L.O. at 12.35 pm.
Adv.Tanvi Shah present for intervenor, tendered draft NM @
affidavit TOR.
O-Leave granted to register.
Matter stands adjourned for NM hearing on 09-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Adv. Santosh Arolkar present for Decree Holder.
None present for Judgment Debtor.
Adv. Kaustubh Thipasy present for applicant in Notice of Motion No.356 of 2024.
Matter stands adjourned to 03.04.2024 for NM reply/NM Hearing.
Later on at 11.59 a.m.
Adv. Tanvi Shah for applicant in Notice of Motion No.356/2024
present and tendered registered Notice of Motion No.356/2024
alongwith affidavit of service. TOR.
Already adjourned to 03.04.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Adv. Santosh Arolkar present for Decree Holder, tendered reply to the Notice of Motion No.356/24 TOR.
Adv.Tanvi Shah present for Applicant in Notice of Motion No.356/24.
Copy served to other side.
Matter stands adjourned for Notice of Motion hearing
on 26-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Adv. Mr. Santosh Arolkar for the DH is present and seeking time. Time is granted.
None present for the JD.
Matter stands adjourned to 08.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Adv. Manish Rai for decreeholder present.
None present for judgment debtor.
Adv. S. Kaustubh Thipsay for applicant in Notice of motion Nos.356/2024 and 3324/2019 present.
Heard learned advocate for applicant and decree holder on notice of motion Nos.356/2024 and 3324/2019.
F.R.S.R. following order is passed in Notice of Motion No.3324/19-
ORDER
1.Notice of Motion No.3324 of 2019 in Execution Application No.535 of 2017, is hereby rejected.
2.Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
F.R.S.R. following order is passed on Notice of Motion No.356/24-
ORDER
1.Notice of Motion No.356 of 2024 in Execution Application No.535 of 2017, is hereby allowed.
2.Attachment of the property known as Unit No.8 admeasuring 640 sq. ft. equivalent to 59.456 sq. mtrs. built-up of area or thereabouts on the ground floor in a building then known as Hind Rajasthan Industrial Estate, now known as Wadala Udyog Bhavan Industrial Estate situate at Plot No.8 of Scheme No.57, Naigaum Cross Road, Wadala, Bombay 400 031 and bears Cadastral Survey No.242 of Dadar Naigaum Division and is assessed by the Assessor and collector of Municipal Rates and Taxes under F (South) Ward No.1887 and Street No.(4) 561 C of Naigaum Road. stands released.
3.Decreeholder/plaintiff is entitled to take appropriated steps against judgment debtors/defendants.
4.Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned to 05-10-2024 for steps by decree holder.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Adv. Santosh Arolkar present for Decree Holder.  Seeking time. Time is granted.
None present for Judgment Debtor.
Matter stands adjourned for steps on 03-12-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Manish Rai for decreeholder present. He tendered draft chamber summons alongwith affidavit in support. TOR.
None present for judgment debtors.Heard learned advocate for decreeholder. The decreeholder want to serve the notice upon the judgment debtors on new address mentioned in the draft chamber summons and to amend in the array of judgment debtors of the execution petition, mentioning new address.  It will not prejudice to the judgment debtor, hence, I proceed to pass the following order
ORDER
1.Draft chamber summons stands allowed.
2.Decreeholder is permitted to amend the execution application as proposed within stipulated period.
3. Draft chamber summons be registered for statistical purpose.
Matter stands adjourned to 22.01.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: P. O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: None present.
Kept back.
Later on at 12.20 pm
Adv. Manish Rai present for Decree Holder, tendered disposed off original registered Chamber Summons No.2924/24 TOR.
He is seeking extension of time to carry out the amendment. Time is  Permitted to carry out the amendment.
None present for Judgment Debtor.
Matter stands adjourned to 20-08-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: None present.
Kept back.
Later on at 12.10 pm.
None present.
Matter stands adjourned to 13-11-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: None present.
Kept back.
Later on at 5.10 pm.
None present.
Matter stands adjourned to 19-12-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: Adv. Manish Rai present for Decree Holder. Seeking extension of time to carry out the amendment. Time is extended.
None present for Judgment Debtor.
Matter stands adjourned to 21-02-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: None present.

   The E.A is pending since last 10 years under the caption of compliance.
   Perused the roznama dated 19-12-2025 whereby extension of time to carry out amendment was sought by the Decree Holder and time was extended to carry out the amendment as per order in Chamber Summons No. 2924/2024 whereby as per order dated 03-12-2024 incorporating new address of the Judgment Debtor and shockingly 03-12-2025 has gone and we are in the month of mid February of 2026 and the said amendment not carried till date nearly last 15 months. Hence, E.A. is dismissed as negligence. Proceeding is closed.  R and P be sent to Record Department.
Nature Of Disposal: DISMISSED
Disposal Date: 21-02-2026

Main Case No: SUMMARY CIVIL SUIT/0101339/2015
Main Cnr: MHCC010119482015
Main Filing No: 113080

NOTICE OF MOTION/103324/2019
NOTICE OF MOTION/100356/2024

Registration Number: 100535/2017
Transfer Date: 25-07-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100535/2017
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100535/2017
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Filing Number: 100835/2018
Filing Date: 14-11-2017
First Hearing Date: 22nd March 2018
Decision Date: 21st February 2026
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE