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EXECUTION APPLN

Mr. Sageer Ahmed Abdul Khailique AnsariVsMr. Noor Ahmed Habib Ahmed Ansari

CNR MHCC0100099120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100022/2019
Registration Date
25 Jan 2019
Next Hearing Date
22 Sept 2026
Case Stage
FOR TAKING STEPS

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: 05-02-2019
    Business: Parties and advocate absent.  As court is on leave, board discharged, matter is adjourned to 12/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Miss. Neelam Gupta, advocate for plaintiff present. Ms. Gupta  prays for issue of Warrants u/o.XXI, Rule 43 and 54 of CPC, against the defendant, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  She further states that the properties sought to be attached belongs to the defendant and free from all the encumbrances. Hence, issue warrants as prayed for, returnable on 14/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Shri. Sageer Ahmed Ansari, plaintiff present. On request of Shri.Ansari, awaiting inventory, adjd to 24/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Ms.Neelam Gupta, Advocate for plaintiff present.  Plaintiff also present.  On request of Ms.Gupta, awaiting inventory, adjourned to 09/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Plaintiff present.  His Advocate absent. Defendant present. His Advocate absent. As Court is on leave, board discharged and adjd to 05/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Shri. S.R. Gupta, advocate for the Plaintiff present. Plaintiff present. Defendant present. Exe.application marked as Exh.A(Colly). Inventory bearing no.SMK/A-74315/1073/2019, dt. 08/07/2019, under this office inward no.7937,dt. 23/07/2019, taken on record and marked as Exh.B. Parties and advocate present today submits that settlement talks are going on and by consent, adjd to 28/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Ms. Neelam Gupta, advocate for the Plaintiff present. Plaintiff and defendant are also present. Defendant states that he is ready for settlement, however, plaintiff is not co-operating. Ms. Gupta objects, however, consents for short adjournment for settlement. Hence, by consent, adjd to 18/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Plaintiff and Defendant present. Defendant states that plaintiff is not co-operating for settlement and seeks adjournment stating that the copy of entire exe.application has not been served upon defendant. Plaintiff seeks time to take instruction and to serve the copy of exe.application upon the defendant. Hence, by consent, adjd to 26/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Ms. Neelam Gupta, advocate for the plaintiff present. Plaintiff and Defendant present. Copy of exe.application has been served upon defendant across the bar by the advocate for the Plaintiff.Defendant seeks time to file reply. Ms. Gupta objects and prays for taking necessary steps for issue of warrant of sale. However,  the interest of justice since the copy of exe.application has been served upon the defendant today only, for reply of defendant, adjd to 15/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Shri. S.R. Gupta Advocate for plaintiff present. Shri. Mahesh Patil Advocate for Defendant present. Shri. Patil states that he will consider the matter for settlement and states that if the settlement is not possible he will file Vakalatnama and reply on next date. Hence by consent adjd to 06/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Ms. Shalini Acharya, advocate for the Plaintiff present.
    Defendant present.
    Ms. Acharya prays for taking further steps, for issue of warrant of sale, stating that the settlement proposal offered by the defendant is not acceptable.
    However, the defendant on account of absence of his advocate seeks adjournment to file reply.
    Adjournment granted by way of last chance to file reply and matter adjd to 09/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Plaintiff present.  His advocate absent.
    Defendant present. His advocate absent.
    Defendant seeks time till 11/12/2019 to file reply, stating that the reply in the matter is ready and the same is with his advocate.
    Hence, by consent, adjd to 11/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Shri. Harshal Damania, advocate for the defendant present.
    Plaintiff present. His advocate absent.
    Shri. Damania has tendered the Vakalatnama for the defendant t.o.r. and marked as Exh-C.
    Shri. Damania seeks time to file reply, to which plaintiff objects and submits that appropriate orders may be passed as the defendant is unnecessarily taking adjournments.
    However, as the advocate for the plaintiff, is also absent and the plaintiff states that, he will appear within half an hour and hence, matter kept back till 2.45 p.m. for reply of the defendant.
    Later on at 2.45 p.m., Shri. S.R. Gupta, advocate for the plaintiff present and plaintiff present.
    Shri. Harshal Damania, advocate for the defendant present.
    Shri. Damania seeks time to file reply. Shri. Gupta prays for issue of warrant of sale and seeks time to file affidavit in support of issue of warrant of sale.
    Hence, by consent, adjd to 18/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Ms. Neelam Gupta, advocate for the Plaintiff present. Plaintiff present.
    Shri. Harshal Damania, advocate for the defendant present.
    Shri. Damania has tendered reply of the defendant, t.o.r. and marked as Exh-D.
    Ms. Gupta seeks time to file rejoinder, and by consent, adjd to 13/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Ms. Neelam Gupta, advocate for the plaintiff present.
    Shri. Harshal Damania, advocate for the defendant present.
    As Court is on leave, board discharged and adjd to 28/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Shri. Harshal Damania, advocate for the defendant present.
    Plaintiff present.
    Shri Damania states that judgment debtor had already filed reply and matter is for Rejoinder of the Plaintiff.
    Plaintiff states that his advocate is busy elsewhere and submits that matter may be referred to  Honourable Court.
    Hence, the matter is hereby submitted to the Honourable Court as per assignment on 04/02/2020.
    Office to take steps to assign the matter to the Honourable Court .
    Parties and Advocates to appear before the Honourable Court on 04/02/2020, as may be assigned.
    Later On Ms. Nilam Gupta advocate for plaintiff appeared and she has been informed about the above roznama.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Daily Board,
    Adv for Plaintiff Mr.S.R. Gupta present.
    Plaintiff present.
    Adv for plff. stated that he will not file any rejoinder.
    Matter is Adjd for Hearing on Exh 02 to 12.03.2020.
    Next Purpose: HEARING
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: P.O. is on Leave.
    Next Purpose: HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National Lockdown
    Next Purpose: HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: National Lockdown
    Next Purpose: HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 16.01.2021.
    Next Purpose: HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Both the parties and Adv. are absent.
    Keep the matter for hearing.
    Adjd for hearing on 10.06.2021.
    Next Purpose: HEARING
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: Due to COVID 19 the matter is adjd
    Next Purpose: HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
    The matter is adjd to 02.09.2021.
    Next Purpose: HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Matter called out at 11.23 a.m.
    None present.
    Matter stands adjourned to 29.10.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Matter called out at 11.21 p.m.
    None present for DH.
    Adv. Harshal Damania for JDH present.
    Matter stands adjourned to 09.12.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Matter called out at 11.11 a.m.
    None present.
    Matter stands adjourned to 02.02.2022 for hearing.
    Later on at 11.47 a.m.
    DH and JDR are in person present.
    Adv. H. S. Gupta I/b Adv. S. R. Gupta for DH present.
    Adv. Pradeep Jain h/f Harshal Damania for JDR present.
    Already adjourned to 02.02.2022.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Court is on Leave, Hence Board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Matter called out at 11.24 a.m.
    Adv. Neelam Gupta for DH present.
    At the request of advocate for DH, matter adjourned.
    Matter stands adjourned to 28.04.2022 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv. H. S. Gupta I/b Adv. S. R. Gupta for plaintiff present.
    None present for defendant.
    As court is busy in dictating judgment in SU no. 3536/13 and SU no.594/08.
    Matter stands adjourned to 08.07.2022 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: DH in person present.
    Adv. Neelam Gupta for DH present.
    None present for JDR.
    On perusal of the record, it reveals that the warrant under Order 21 Rule 43 of CPC was issued. The JDR filed reply to the execution, the contention raised in the reply is to be raised in appeal. Executing court cannot take into account the objections raised in reply. Hence, re-issue warrant under Order 21 Rule 43 of CPC against JDR for recovery of decretal amount.
    Matter stands adjourned to 22.08.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: DH a/w Adv. Neelam Gupta present. She is seeking time. Time granted.
    None present for JD.
    Matter stands adjourned to 20.10.2022 for compliance/ report of
    warrant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: DH a/w Adv. Neelam Gupta present.  She is seeking time to take steps. Time granted.
    None present for JD.
    As per the report dated 08.07.2019, the movables belonging to JD are kept at his destination from where these articles were attached.
    Matter stands adjourned to 01.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. H. S. Gupta h/f Adv. S. R. Gupta for DH present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 25.01.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: DH a/w Adv. Nilam Gupta present. She is seeking time. Time granted.
    None for JD.
    Matter stands adjourned on 24.03.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: DH a/w Adv. S. R. Gupta present. He is seeking time. Time granted.
    None present for JD.
    Matter stands adjourned on 15.06.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: D/H in person present.
    None for J/D present.
    Matter stands adjourned on 29-08-2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: D/H present and seeks time due to absence of advocate. O- Time granted.
    None for J/D present.
    Matter stands adjourned on 01-11-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: As Court is on leave, hence matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Adv. H.S. Gupta present for decree holder. He Seeks time for taking steps.
    None present for Defendant.
    Matter stands adjourned on 27.02.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Advocate H.S. Gupta along with D/H present and seeks time to take possession warrant. Adjournment granted.
    None for J/D present.
    Matter stands adjourned on 16-04-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2024
    
    Date: 27-02-2024
    Business: Advocate H.S. Gupta along with D/H present and seeks time to take possession warrant. Adjournment granted.
    None for J/D present.
    Matter stands adjourned on 16-04-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: D/H is present. His advocate is absent.
    None for J/D present.
    Matter stands adjourned on 15-10-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2024
    
    Date: 02-08-2024
    Business: D/H is present. His advocate is absent.
    None for J/D present.
    Matter stands adjourned on 15-10-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: D/H is in person present. His Advocate is absent.
    None for J/D present.
    Matter stands adjourned on 17-12-2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. S. R. Gupta alongwith D/H present.
    None for J/D present.
    It appears that the J/d has raised objection in respect of attachment of properties on the ground that the properties are of his wife. He has also filed documents in that support. The record indicates that since 22.08.2022 nobody remained present on behalf of the J/d. Unless and until the objection is decided by this Court, the Execution proceeding can not be proceeded further. According to the J/d his wife is expired on 25.02.2018 but he has nowhere mentioned in his objections how many legal heirs she left behind her. Therefore, the presence of J/d is required before the Court to furnish all the aforesaid information. Hence, issue notice to the J/d through R. P. A.D. on the second address mentioned in Execution application.
    Matter stands adjourned on 07-05-2025 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-05-2025
    
    Date: 07-05-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Gupta for D/H present.
    None for J/D present.
    Report awaited.
    Later on at 11.55 a.m.
    D/H present.
    Matter stands adjourned on 03-07-2025 for report.
    Next Purpose: REPORT
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: P. O. IS ON LEAVE.
    Next Purpose: REPORT
    Next Hearing Date: 28-08-2025
    
    Date: 28-08-2025
    Business: P.O. is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate L. N. Karna h/f Advocate S. R. Gupta for D/H present.
    None for defendant present.
    The affidavit in reply of J/D be registered as Chamber Summons.
    Report is awaiting as per order dtd. 06.03.2025. Thus, report be called. The D/H also directed to serve notice to the J/D to appear before the Court and file reply to Chamber Summons being registered as above.
    Matter stands adjourned to 30-09-2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-09-2025
    
    Date: 30-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    As per order dtd. 16.09.2025 the reply of J/D be registered as Chamber summons.
    D/H failed to serve notice to J/D and also to file reply as per order dtd. 16.09.2025. Hence kept for necessary order to be passed on next date.
    Matter stands adjourned for necessary order to 03-11-2025.
    Later on Advocate for plaintiff present and filed application at
    Exh.3 and sought time. Already adjourned hence filed.
    Next Purpose: ORDER
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate  Mohini G. for D/H present. On her request, kept back till 11.30 a.m.
    None for J/D/defendant present.
    Later on called at 11.35 a.m.
    None present. Kept back. Later on. Advocate S. R. Gupta for D/H present and seeks time to file reply to Chamber Summons No. 2405/25. Time is granted as a last chance till next date. Next date is fixed on request of Learned Advocate for the D/H.
    Matter stands adjourned for reply to CS to 20-11-2025.
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2025
    
    Date: 20-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate S. H. Singh for Plaintiff present in morning session and filed affidavit in reply to Chamber Summons No. 2405/25.
    At 3.10 p.m.
    None present.
    Matter stands adjourned for argument on CS to 23-12-2025.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 23-12-2025
    
    Date: 23-12-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate L. N. Karna for D/H present and seeks time on the ground that his Senior Advocate is not feeling well. Time is granted till next date.
    None for defendant present.
    Matter stands adjourned for argument to 21-01-2026.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Mohini Gupta for DH/Plaintiff present and seeking time. Time is granted.
    None for defendant/JD present.
    Matter stands adjourned for CS hearing to 26-02-2026.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate S. R. Gupta a/w DH/Plaintiff present.
    None for JD/ defendant present.
    EA proceed without argument of JD.
    Matter stands adjourned for argument of DH to 06-04-2026.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 06-04-2026
    
    Date: 06-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate L. N. Karna h/f Advocate S. R. Gupta for DH/Plaintiff present.
    None for JD/defendant present.
    CS 2405/2025 tendered by the Judgment Debtor is absent since 20.11.2025. CS be kept for dismissal order. Matter stands adjourned for CS dismissal  to 16-06-2026.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 16-06-2026
    
    Date: 16-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Karna for DH/Plaintiff present.
    None for JD/defendant present.
    The Chamber Summons No. 2405/2025 tendered by JD pending since 2025. JD is absent since 20.11.2025. The conduct of JD shows that he is lost his interest in the litigation. On last date i.e. on 06.04.2026 specific order was passed and matter was kept for dismissal of Chamber Summons No. 2405/2025. Today when called repeatedly till 4.20 none present for JD. Hence Chamber Summons No. 2405/2025 dismissed in default for want of prosecution.
    Matter stands adjourned for steps to 30-07-2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-07-2026
    
    Date: 30-07-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  H. S. Gupta for DH/Plaintiff present and seeking extension of time.
    None for JD/defendant present.
    Matter stands adjourned for steps to 22-09-2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100515/2019
    Filing Date: 25-01-2019
    First Hearing Date: 05th February 2019
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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