Date: 18-01-2018
Business: None present. K.B.
L.O. at 3.35pm.
Adv for decree holder present.
Heard adv for decree holder. Issue notice Order 21 Rule 22 of C.P.C. to defendant / judgment debtor.
Adjd. for service on 23.02.2018.
Next Purpose: SERVICE
Next Hearing Date: 23-02-2018
Date: 23-02-2018
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 06-04-2018
Date: 06-04-2018
Business: Plaintiff present. Adv absent. None for defendant.
Plff seeking adjournment. Considering submissions adjournment granted.
Matter adj. for service on 11.06.2018.
L.O. at 12.13pm.
Adv. for defendant present and filed V.P. TOR at Exh.2. he also filed reply . TOR at Exh. 3. He directed to serve copy of reply to Adv. for plaintiff.
Already adjd.for hearing to 11.06.2018.
Next Purpose: HEARING
Next Hearing Date: 11-06-2018
Date: 11-06-2018
Business: Adv. Balbheem Patil Present for the Plff.
None Present for the Deft.
Matter is stayed by High court Stay for eight weeks as per order dt. 19/04/2018.
Adj. as High Court Stay on 07/07/2018.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-07-2018
Date: 07-07-2018
Business: Adv. B. S. patil Present for the DH.
Adv. Surendra Mittal Present for the Deft.
Ld counsel for the Deft filed adj. Application to the EA. t.o.r. otherside to say.
Order- Heard both side at length. Reason mentioned is just and proper to give breathing time to deft to bring necessary order as prayed. Hence adj. Granted. No order to costs.
Adj. For Hearing of EA 527/17 on 16/08/2018.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Plff inperson Present.
Adv. Surendra Mittal Present for the Deft.
Ld counsel for the Deft filed application for Adj. As the matter shall be listed in the last week of july 2018 for hearing in the Hon\''ble Supreme Court of India.
Adj. For Stay by Hon\''ble Supreme Court on 10/09/2018.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv. B. S. Patil Present for the Plff.
Adv. Mittal Present for the Deft.
Ld counsel for the Plff filed Application for allowing decree holder to submit supreme court order on the record and this court. t.o.r.
Order- Heard. Allowed copy taken on record.
Ld counsel for the Deft filed affidavit in reply. t.o.r. Copy served upon otherside.
Ld counsel for the Deft filed application for adj. t.o.r.
Order- otherside to say.
Adj. For Steps on 27/09/2018.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-09-2018
Date: 27-09-2018
Business: App. Mr. Rajput for the State is present.
D.H. is present.
Adv. Mr. Surendra Methal for the J.D. is present.
He submitted that he has filed declaratory suit before small cause Court, date is fixed on 19-10-2018. This Court is in-charge Court. Therefore, the execution petition be kept before presiding officer on 09-10-2018.
Exh. 9 Application for keeping the matter on 19-10-2018.
Copy served to D.H.
Matter is adj. to 09-10-2018
Next Purpose: SUIT STAYED
Next Hearing Date: 09-10-2018
Date: 09-10-2018
Business: Adv. Mr. B. S Patil for the plff. present.
Adv. Mr. Surendra Mittal for Deft. Present.
Plff in person present.
Deft. In person present.
Ld. Counsel for the plff. Sought time to file reply to Ex. 09. Granted as last chance.
Reply of Exh. 09 on 30.10.2018
Next Purpose: REPLY
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Adv. Balbheem Patil Present for the Plff.
Adv. Mittal Present for the Deft.
Ld counsel for the plff filed reply. t.o.r.
Ld counsel for the Deft filed adj. Application. t.o.r. otherside to say.
Adj. for Hearing of EA 527/17 on 30/11/2018.
Next Purpose: HEARING
Next Hearing Date: 30-11-2018
Date: 30-11-2018
Business: Adv. Mittal Present for the Plff.
Adv. B. S. Patil Present for the Deft.
Ld counsel for the Plff filed filed application for adj. t.o.r.
Order- Hear due to reason mentioned adj. Granted for hearing as last chance.
Adj. For Hearing on 30/01/2019.
Next Purpose: HEARING
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Adv. Kunal Bhange Present for the Plff.
Adv. Surendra Mittal Present for the Deft.
Ld counsel for the deft filed additional affidavit in reply to EA 527/17. t.o.r. copy served upon Ld counsel for the plff.
Ld counsel for the Deft filed application for Adj. t.o.r.
Order- Heard. Due to reason shown adj. Granted as strictly last chance.
adj. For Hearing on 27/02/2019.
Next Purpose: HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: PO relived for mediation training at West Bengal Judicial Academy Calcutta afternoon. Hence matter adj.
Next Purpose: HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Plff inperson present. Their counsel absent.
Deft inperson Present. Their counsel absent.
Adj. for Hearing on EA 527/17 on 03/05/2019.
Next Purpose: HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: H.H.J. is on Mediation Training
Next Purpose: HEARING
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Adv. Kunal Bhange for DH present.
Adv. Merwan for JD present.
Exh.12-A Additional reply on behalf of JD. TOR.
Matter adjd for hearing on 03/08/2019.
Next Purpose: HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: DH (In-person) present. His advocate is absent.
Adv. Surendra Mittal for JD present.
Matter adjd for hearing on 09/09/2019.
Next Purpose: HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: DH (In-person) present.
Adv. Kunal Bhange for DH present.
Adv. Surendra Mittal for JD present.
On the request of Ld. Counsel for JD matter is adjourned by way of last chance.
Matter adjd for hearing on 15/10/2019.
Next Purpose: HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Kunal B. for DH present.
Adv. Surendra Mittal for JD present.
Exh.12-B Further additional reply filed by JD. TOR.
Copy is given to otherside.
Exh.14 Adjournment application by JD. TOR.
DH to file reply on Exh.14.
Matter adjd for reply on Exh.14 on 28/11/2019.
Next Purpose: REPLY
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Akshay Pawar for plaintiff/Decree Holder present.
Adv. Surendra Mittal for defendant present.
Adv. for deft filed an application for Adjournment. O. say filed by plff. t.o.r. Heard both sides.
F.R.S.R. following order is passed.
Order below Exh.15
Adjournment application is rejected.
F.R.S.R. following order is passed.
Order below Exh.01
Issue writ of possession under order 21 rule 35 of C.P.C. on required process fee to handover possession of the suit premises to the plaintiffs as per decree passed dt. 20.08.2016 in S.C. Suit No. 2266/04.
Later on at 5.17 pm
Adv. for plff/decree holder filed with pursis copy of Judgment passed in the S.C. Suit, Copy of order of the Hon\''ble High court and copy of order of the Hon\''ble Supreme Court of India. t.o.r.
Matter is adj for return of bailiff report on possession warrant on 10/01/2020.
Next Purpose: REPORT
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present.
Kb.
Later on at 3.23pm.
Adv. Akshay Pawar for applicant present.
The Ld. Adv appearing for applicant has submitted that has submitted that possession warrant is not served. Hence time be extended. Perused roznama dt. 28/11/2019. Time extended.
Matter adjd for report of warrant of possession on 11/02/2020 at 02.45 pm.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Akshay Pawar for plaintiff present.
Adv. Ravindra Singh for defendant present.
Court busy in other matter.
Matter adjd for C/S order to 18-02-2020 at 2.45 pm.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Ravindra Singh for applicant present.
Plaintiff/ Decree holder present.
Adv Akshay Pawar for plaintiff present.
F.R.S.R. following order is passed.
ORDER
1. Chamber Summons No. 199 of 2020 is rejected.
2. At this stage Ld Adv for applicant states that this order be stayed for a one week as applicant want to challenge this order. The Ld Adv for plaintiff states that this order can not be stayed. I am opinion that the C/s is rejected, therefore there is no question of granting stay. Hence, oral prayer for granting stay of this order is rejected.
Ex.18 Ld Adv for plaintiff filed application for police protection t.o.r.
Heard Ld Adv for plaintiff on Ex.18
Matter adjd for order on Ex.18 to 09-03-2020 at 2.45 pm.
Next Purpose: ORDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Applicant present.
Adv. Ravindra Singh for applicant present.
Adv Yash Joglekar for plaintiff present.
Plaintiff/ DH present.
Ex.19 Ld adv for applicant filed application for adjournment t.o.r.
The Ld Adv for applicant submitted that the order passed in CS no. 199/2020 dated 18-02-2020 passed by this court is challenged by writ petition no. 1796 of 2020 and the Hon\''ble High Court kept the matter on 13-03-2020. Perused the roznama dated 18-02-2020. On that day plaintiff filed application for police protection vide Ex.18. Today matter is for passing order at Ex.18. The Ld adv for applicant submits that the applicant is going to press for stay before the Hon\''ble High Court on 13-03-2020. Hence, matter adjourned for order on Ex.18 on next date.
Matter adjd for order on Ex.18 to 18-03-2020 at 2.45 pm.
Next Purpose: ORDER
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for order on Ex.18 on 09/04/2020 at 11.00 am
Next Purpose: ORDER
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: ORDER
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Due to Covid-19 matter is adjd time to time on 09-04-2020, 21-04-2020, 01-06-2020, 18-06-2020, 09-07-2020, 05-09-2020, and today this matter is posted for order on Ex.18.
None present.
Today Court is busy in dictating Judgment on Suit No.1792/2013. Hence this matter is adjourned.
Matter adjd for order on Ex.18 on 23-10-2020.
Next Purpose: ORDER
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Due to Covid-19 matter is adjd time to time on 18-03-2020, 09-04-2020, 21-04-2020, 01-06-2020, 18-06-2020, 09-07-2020, 05-09-2020, 06-10-2020 and today this matter is posted for order on Ex.18.
None present.
Court is busy in dictating judgement in SU 1718 of 19 and passing NM order in NM no. 3212/18 in SU 2905/10 and NM 1851/19 in SU 6304/06.
Matter adjd for order to 27-11-2020
Next Purpose: ORDER
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Ramesh Sonawane - plaintiff no.1 present.
None for defendant.
F.R.S.R. following order is passed.
ORDER
Application Ex.18 for grant of police protection is allowed as under-
1. Shahu Nagar police station at Dharavi, Mumbai 400017 is hereby directed to provide required police personnels as per rule to the bailiff to execute decree passed in Suit No. 2266 of 2004 as per judgment dated 20-08-2016 to hand over possession of the suit premisses i.e. Tannary No. 21 situated at Palkar Chawl, Dharavi Cross road, Dharavi, Mumbai 400017 to the plaintiffs.
2. Issue fresh writ of possession under Order 21 Rule 35 of C.P.C. on required process fee to handover possession of the suit premises to the plaintiffs as per decree passed dated 20-08-2016 in S.C.Suit No. 2266 of 2004.
Matter adjd for compliance to 06-02-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Nobody present.
Adjd for compliance to 22/03/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: At. 11.12 am
Adv. Govind Gupta for plaintiff present.
None for defendant.
Plaintiff present and seeks time.
Adjd for compliance to 28/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Mr. Akshay Pawar for Plaintiff present.
None present for JD.
Perused the Bailiff Report dated 25/08/2021. The decree is to handover the vacant and peaceful possession of suit premises to the Plaintiff. The report speaks that on the day when Bailiff went to execute the decree, both the front doors of the suit premises found locked. The earlier went upto Apex Court. The last order of Hon\''ble Apex Court dated 31/08/2018 is the dismissal of SLP of the Defendants. Until that no right or interest of any third party was found in suit premises. But it appears from the Bailiff Report that at the time of execution of the Decree one Pradipkumar L. Shinde found in suit premises and he refused to vacate the suit premises. In such circumstances, re-issue the possession warrant with a clear direction to the Bailiff to take the possession of the suit premises and if the suit premises are found in locked condition, brake open the locks and take the possession by removing any person including Mr. Pradip Shinde claiming his possession over suit premises. The necessary police aid be again taken while execution of the Decree. Office to comply.
Matter adj. to 06/10/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Matter pertains to C.R.No.59
Decree Holder Ramesh Sonawane is present.
None present for Defendant/JD.
Exh.02-Bailiff report. O-Seen.
Matter adjd to 28/02/2022 for steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: As PO is on training. Hence, matter adj to 29-04-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Matter called out at 12.22 pm
None for plff DH
None for Defendant JD
Matter is adjd on 07.10.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Matter called out at 5.38 pm
Plff present
Adv for plff absent
None for defendant
DH No.1 Ramesh Tulshiram Sonawane present. He submits that DH have received the possession of the suit premises on 01.10.2021 and therefore, the present proceedings may be disposed off. Record shows that report of the Bailiff is received on 23.12.2019 wherein, it is informed that the writ of possession is duly executed. Therefore, in view of the report of the Bailiff and submission of DH the present Execution Proceeding No. 527/2017 stands disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 07-10-2022
