EXECUTION APPLN
NAGURAO M. GADGEVsSANJEEB N. SHARMA
CNR MHCC01000793201883-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100430/2017
- Registration Date
- 04 Oct 2017
- Next Hearing Date
- 26 Oct 2026
- Case Stage
- DISMISSAL
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 27-03-2018 Business: Mr. Sagar P. Batavia, Advocate for plaintiff present. Shri. Batavia, Tenders original warrant of attachment 24/11/2017, the same is taken on record and marked as Exhibit 5. He also tender inventory report dated 07/03/2018 bearing No. SGP/A-55100/498/2018, same is taken on record and marked as Exhibit 6. Shri. Batavia, prays for issue of sale warrant. However as the Registrar has no power issue warrant of sale, matter is submitted to Hon\\\'ble Court on 04/04/2018. Disposal Date: 27-03-2018 Date: 02-04-2018 Business: None present Assigned to this Court today. Already adjd to 04/04/18 for hearing. Next Purpose: FOR___________________ Next Hearing Date: 04-04-2018 Date: 04-04-2018 Business: Adv. Batavia for plaintiff present and requested for time K.b. Adjd to 06/06/2018 for E.A. Next Purpose: FOR___________________ Next Hearing Date: 06-06-2018 Date: 06-06-2018 Business: Adv Bataviya for applicant present and filed application for production of documents for valuation purpose. Order - Only production of document is allowed. Adjd to 10/08/2018 for hearing. Next Purpose: HEARING Next Hearing Date: 10-08-2018 Date: 10-08-2018 Business: Court is vacant. Next Purpose: HEARING Next Hearing Date: 25-09-2018 Date: 25-09-2018 Business: Court is vacant. Next Purpose: HEARING Next Hearing Date: 17-11-2018 Date: 17-11-2018 Business: Court is vacant. Next Purpose: HEARING Next Hearing Date: 26-02-2019 Date: 26-02-2019 Business: Adv. Sagar Batavia for applicant present. Adjd for arguments to 06/03/19. Next Purpose: ARGUMENTS Next Hearing Date: 06-03-2019 Date: 06-03-2019 Business: Adv. Batavia for DH present. Adjd for taking steps to 05/04/2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 05-04-2019 Date: 05-04-2019 Business: Adv. Sagar Bataria for applicant is present. Case is adjourned to 17.06.2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-06-2019 Date: 17-06-2019 Business: Adv. for DH present. Adjd for taking steps to 18/07/2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 18-07-2019 Date: 18-07-2019 Business: Court is on leave Next Purpose: FOR TAKING STEPS Next Hearing Date: 16-08-2019 Date: 16-08-2019 Business: PO is on training. Hence board is discharged. Next Purpose: FOR TAKING STEPS Next Hearing Date: 26-09-2019 Date: 26-09-2019 Business: BY PRECIPE O- Allowed to take on board Adv. Sagar Batavia for DH present and stated that the commissioner will execute the proclaimation of the property to execute the claim of third party which the DH has attached and he will not be able to get the fruits of the decree. The suit is fixed on 05/11/2019 it is a longer date and requested to pre-pone it. Hence the Execution proceeding is preponed considering the urgency to 03/10/2019 Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-10-2019 Date: 26-09-2019 Business: BY PRECIPE O- Allowed to take on board Adv. Sagar Batavia for DH present and stated that the commissioner will execute the proclaimation of the property to execute the claim of third party which the DH has attached and he will not be able to get the fruits of the decree. The suit is fixed on 05/11/2019 it is a longer date and requested to pre-pone it. Hence the Execution proceeding is preponed considering the urgency to 03/10/2019 Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-10-2019 Date: 03-10-2019 Business: Adv. S. P. Batavia for DH present and filed an application for allowing the service. O- Advocate to argue. Adjd for taking steps to 05/10/2019 Next Purpose: FOR TAKING STEPS Next Hearing Date: 05-10-2019 Date: 05-10-2019 Business: Adv. S. P. Batavia for DH present. The compliance of statement of sale as per para 421 of Civil Manual is not complied. Unless statement of sale is filed the attached property cannot be allowed to be sold. Hence plaintiff to comply para 421 of Civil manual. Adv. for plaintiff requested that the execution application is not served to the defendant. The same be served to the defendant. Exh- 2 The application is filed by Adv. for plaintiff. Today the affidavit in support of the application is filed. The plaintiff on oath stated that the defendant is residing in the address shown in the title of the execution petition. Hence issue notice to JD of the execution under Order 5 Rule 17 of CPC. Exh- 3 Adv. for plaintiff filed an affidavit along with application. Tor. Adjd for taking steps to 19/10/2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 19-10-2019 Date: 19-10-2019 Business: Adv. Mr. Batavia for plaintiff Adv. for defendant absent. Affidavit of service filed by D.H. J.D. is absent. Matter is adjd for service of notice on 22.10.2019 Next Purpose: SERVICE Next Hearing Date: 22-10-2019 Date: 22-10-2019 Business: Adv. Mr. Sagar Batavia for plaintiff present. Adjd for hearing to 24/10/2019 Next Purpose: SERVICE Next Hearing Date: 24-10-2019 Date: 24-10-2019 Business: Court is on half day leave Adjd for hearing to 06/11/2019 Next Purpose: SERVICE Next Hearing Date: 06-11-2019 Date: 06-11-2019 Business: Adv. S. P. Batavia for DH present. Adv. for DH filed statement of sale. Adjd for hearing to 23/11/2019. Next Purpose: HEARING Next Hearing Date: 23-11-2019 Date: 23-11-2019 Business: Adv. S. P. Batavia for plaintiff present. Adv. for plaintiff filed application. O- Keep for order. Adjd for hearing to 09/01/2020. Next Purpose: HEARING Next Hearing Date: 09-01-2020 Date: 09-01-2020 Business: Adv. Sagar Batavia for DH present. Adjd for hearing to 27/03/2020. Next Purpose: HEARING Next Hearing Date: 27-03-2020 Date: 27-03-2020 Next Purpose: HEARING Next Hearing Date: 08-04-2020 Date: 08-04-2020 Next Purpose: HEARING Next Hearing Date: 20-04-2020 Date: 20-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 11-05-2020 Date: 11-05-2020 Business: National Lock Down Next Purpose: HEARING Next Hearing Date: 30-05-2020 Date: 30-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 17-06-2020 Date: 17-06-2020 Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned. Next Purpose: HEARING Next Hearing Date: 18-08-2020 Date: 18-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 19-01-2021 Date: 19-01-2021 Business: Adv. Sagar Batavia for plaintiff/DH present. None for defendant/JD. Today matter is for hearing. Heard Ld Adv for plaintiff/ DH on application dated 14-11-2019 filed by plaintiff/ DH advocate on 23-11-2019. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for order on application of the plaintiff/ DH to 12-03-2021. Next Purpose: ORDER Next Hearing Date: 12-03-2021 Date: 12-03-2021 Business: Adv. Sagar Patvia for applicant present. Matter adjd for order on application of the plaintiff/ DH on 29-04-2021. Next Purpose: ORDER Next Hearing Date: 29-04-2021 Date: 29-04-2021 Business: None present. Court is busy in dictating judgement in Session Case no. 427 of 2020 and Exparte Judgement in Summary suit no. 1263 of 2019, 1264 of 2019 and 1265 of 2019. Matter adjd for order to 26-06-2021. Next Purpose: ORDER Next Hearing Date: 26-06-2021 Date: 26-06-2021 Business: In view of Office Order No. 117/2021 dated 24-06-2021, as holiday declared on 26-06-2021, Hence matter is adjd. Next Purpose: ORDER Next Hearing Date: 20-07-2021 Date: 20-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ORDER Next Hearing Date: 05-08-2021 Date: 05-08-2021 Business: By Praecipe Adv. Sagar Vatavia for DH/plaintiff present. Ld adv for DH filed application for matter taking today\''s on board t.o.r. O- Allowed. Ld Adv for DH/plaintiff tendered draft Notice of motion along with affidavit t.o.r. O- Leave granted. Matter already adjd for tendering original registered NM along with affidavit to 28-08-2021. Next Purpose: NOTICE OF MOTION Next Hearing Date: 28-08-2021 Date: 28-08-2021 Business: Adv. Batavia for DH/plaintiff present. None fo defendant. Matter adjd for tendering original registered NM along with affidavit to 21-09-2021. Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-09-2021 Date: 21-09-2021 Business: Adv. Sagar Batavia for plaintiff present. None for defendant/JD. Ld adv for plaintiff/DH tendered original registered NM no. 1719 of 2021 along with affidavit t.o.r. Matter adjd for steps to 26-10-2021. Next Purpose: FOR TAKING STEPS Next Hearing Date: 26-10-2021 Date: 26-10-2021 Business: Adv. Sagar Batavia for DH present. None for JD. Ex. 4 Application for publication. Order - Perused bailiff report annexed with Notice of Motion No. 1719 of 21. The JD is not served with ordinary notice. Hence, issue notice under O-V, R-20 by way of publication. Application Ex. 4 is allowed accordingly. Matter adjd for Service affidavit to 20.12.2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-12-2021 Date: 26-10-2021 Business: Adv. Sagar Batavia for DH present. None for JD. Ex. 4 Application for publication. Order - Perused bailiff report annexed with Notice of Motion No. 1719 of 21. The JD is not served with ordinary notice. Hence, issue notice under O-V, R-20 by way of publication. Application Ex. 4 is allowed accordingly. Matter adjd for Service affidavit to 20.12.2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: PO is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-01-2022 Date: 20-12-2021 Business: PO is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-01-2022 Date: 29-01-2022 Business: Adv. Mitali Bhat/DH for plaintiff present. None for defendant/JD. Ld adv for plaintiff tendered draft Chamber Summons. Leave granted. Matter Adjd for tendering original registered CS to 25.03.2022. Judge Next Purpose: CHAMBER SUMMONS Next Hearing Date: 25-03-2022 Date: 25-03-2022 Business: Adv. Batavia for plaintiff /DH present. None present for defendant/JD. Matter Adjd for tendering registered CS on 18/06/2022. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 18-06-2022 Date: 18-06-2022 Business: Adv. Sagar Batavia for plaintiff/DH present. None present for defendant. Ld. Adv. for plaintiff tendered original registered CS No.310/2022. Order below Chamber summons No.310/2022 Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication. Chamber summons is disposed off accordingly. Matter Adjd for service affidavit on 18/08/2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-07-2022 Date: 18-06-2022 Business: Adv. Sagar Batavia for plaintiff/DH present. None present for defendant. Ld. Adv. for plaintiff tendered original registered CS No.310/2022. Order below Chamber summons No.310/2022 Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication. Chamber summons is disposed off accordingly. Matter Adjd for service affidavit on 18/08/2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-07-2022 Date: 06-07-2022 Business: By Praecipe Adv. Sagar Batavia for plaintiff/DH present. None present for defendant. Exh.05 - Application for taking matter on today\''s board. O-Allowed to take matter on today\''s board. Exh.06 - Application for modification of order on dt 18.06.2022. Order - Allowed. The order dt.18.06.2022 is modified. Issue paper publication for service of notice of motion no.1719/21. Matter already Adjd for report on 18/08/2022. Next Purpose: REPORT Next Hearing Date: 18-08-2022 Date: 06-07-2022 Business: By Praecipe Adv. Sagar Batavia for plaintiff/DH present. None present for defendant. Exh.05 - Application for taking matter on today\''s board. O-Allowed to take matter on today\''s board. Exh.06 - Application for modification of order on dt 18.06.2022. Order - Allowed. The order dt.18.06.2022 is modified. Issue paper publication for service of notice of motion no.1719/21. Matter already Adjd for report on 18/08/2022. Next Purpose: REPORT Next Hearing Date: 18-08-2022 Date: 18-08-2022 Business: Adv. Batavia for plaintiff/DH present. None present for defendant/JD Time sought. Matter Adjd for report on 17/10/2022. Next Purpose: REPORT Next Hearing Date: 17-10-2022 Date: 17-10-2022 Business: P.O. is on leave in 2nd session. Next Purpose: REPORT Next Hearing Date: 16-12-2022 Date: 17-10-2022 Business: P.O. is on leave in 2nd session. Next Purpose: REPORT Next Hearing Date: 16-12-2022 Date: 16-12-2022 Business: Court is on leave Next Purpose: REPORT Next Hearing Date: 06-02-2023 Date: 16-12-2022 Business: Court is on leave Next Purpose: REPORT Next Hearing Date: 06-02-2023 Date: 06-02-2023 Business: Adv. Sagar Batavia for plaintiff/DH present. None present for defendant. On the oral request by Ld. Adv. for plff, time is extended for compliance of order dt.18.06.2022. Matter Adjd for service affidavit on 11/04/2023. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 11-04-2023 Date: 11-04-2023 Business: Adv. Ayesha Singh h/f S P. Batavia for plaintiff/DH present. None present for defendant/JD. Matter Adjd for affidavit of service on 03/07/2023. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 03-07-2023 Date: 03-07-2023 Business: P.O. is on Leave. Hence, matter is adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 04-09-2023 Date: 03-07-2023 Business: P.O. is on Leave. Hence, matter is adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 04-09-2023 Date: 04-09-2023 Business: P. O. is on leave. Hence, matter is adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-11-2023 Date: 04-09-2023 Business: P. O. is on leave. Hence, matter is adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-11-2023 Date: 10-11-2023 Business: P.O. is on leave Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 19-01-2024 Date: 10-11-2023 Business: P.O. is on leave Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 19-01-2024 Date: 19-01-2024 Business: Court is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-03-2024 Date: 19-01-2024 Business: Court is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-03-2024 Date: 16-03-2024 Business: As court is vacant. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-05-2024 Date: 16-03-2024 Business: As court is vacant. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-05-2024 Date: 07-05-2024 Business: Court is on Leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 22-07-2024 Date: 22-07-2024 Business: None present. Matter is adjourned to 18.10.2024 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-10-2024 Date: 18-10-2024 Business: None present. Matter is adjourned to 06.01.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-01-2025 Date: 18-10-2024 Business: None present. Matter is adjourned to 06.01.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-01-2025 Date: 06-01-2025 Business: P. O is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-02-2025 Date: 21-02-2025 Business: Adv. S. D. Bhoved for DH present. Matter is adjourned to 13.06.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-06-2025 Date: 13-06-2025 Business: None present. Matter is adjourned to 05.08.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 05-08-2025 Date: 05-08-2025 Business: None present. Matter is adjourned to 20.09.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-09-2025 Date: 05-08-2025 Business: None present. Matter is adjourned to 20.09.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-09-2025 Date: 20-09-2025 Business: None present. Matter is adjourned to 01.11.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-11-2025 Date: 01-11-2025 Business: None present. Matter is adjourned to 15.12.2025 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 15-12-2025 Date: 15-12-2025 Business: None present. Matter is adjourned to 09.01.2026 for Affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 09-01-2026 Date: 09-01-2026 Business: None present. ORDER BELOW EXH.01 The DH and their advocate absent. No any steps are taken. Hence, directed to take steps on next date without fail. Matter is adjourned to 26.02.2026 for Steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 26-02-2026 Date: 26-02-2026 Business: Both the parties and their advocates are absent. Matter is adjourned to 17.03.2026 for Steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-03-2026 Date: 17-03-2026 Business: None present. Matter is adjourned to 02.04.2026 for Steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 02-04-2026 Date: 02-04-2026 Business: None present. ORDER BELOW EXH.01 The matter is pending for affidavit of service since 06.07.2022. On oral request time was extended for compliance of order dt.18.06.2022. Again order below Exh.01 was passed on 09.01.2026. Since 22.07.2024 neither DH nor his advocate is present. If DH fails to take positive steps by next date the E.A will be dismissed. Matter is adjourned to 22.06.2026 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 22-06-2026 Date: 22-06-2026 Business: None for DH. None for JD. Since long matter is posted for filing of service affidavit. As per roznama 02.04.2026 time was granted for compliance of order dt.18.06.2022. Since, 22.07.2024 neither DH nor advocate is present. Hence, put up suit for dismissal order. Matter is adjourned to 01.08.2026 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 01-08-2026 Date: 01-08-2026 Business: None for DH. None for JD. For want of compliance Put up for dismissal Order. Matter is adjourned to 01-09-2026 for dismissal Order . Next Purpose: DISMISSAL Next Hearing Date: 01-09-2026 Date: 01-09-2026 Business: None for DH. None for JD. Since, 18.06.2022 matter is posted for filing service affidavit by DH. NM No.1719/2021 is also pending since long. None appeared for DH since last many dates. Hence, put up this E.A for dismissal order. Matter is adjourned to 26.10.2026 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 26-10-2026
Additional Case Details
Additional Case Details
Filing Number: 100804/2018 Filing Date: 04-10-2017 First Hearing Date: 27th March 2018 Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE
Orders
0No order text is available in this record.
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