YASMINI AMIR BARDAY AND ORS.VsNAZHAT M. ALI BAGABN

Date: 09-04-2018
Business: Parties and Advocate absent. Record shows that writ of possession has already been issued on 30.04.2016. Hence call for status report of the said warrant from office of Dy. Sheriff on Mumbai returnable on 28.06.2018
Next Purpose: FOR___________________
Next Hearing Date: 28-06-2018

Date: 28-06-2018
Business: Parties and Advocates absent, adjourned to 16/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 16-08-2018

Date: 16-08-2018
Business: Parties and Advocate absent, adjd to 11/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 11-10-2018

Date: 11-10-2018
Business: Parties and Advocate absent, adjd to 11/01/2019.  Issue reminder to the office of Deputy Sheriff of Mumbai with reference to this office letter No.E.A.156/16/2776/2018, dated 11/04/2018, calling for status report of writ of possession, issued on 30/04/2016, on or before next date.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Parties and Advocate absent, adjd to  22/02/2019. As nobody is appearing in the matter issue letter to advocate for plaintiff to appear before court on next date informing that on failure to appear before this court on next date matter will be disposed off assuming that the decree has been fully satisfied.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Miss. Sukeshi Bhandari, advocate for plaintiff present. Miss. Bhandari states that writ of possession, could not be executed for the reason mentioned in the report dt. 23/05/2016, of the Bailiff and Clerk, copy of which furnished by Miss. Bhandari, kept in R and P. Hence, On request of Ms. Bhandari, for taking further steps, adjourned to 11/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-03-2019

Date: 01-03-2019

Date: 04-03-2019
Business: Adv. Bhandari for decree holder present.
Order below application for taking forcible possession under O 21 Rule 35 of CPC
Call report of Writ Clerk of this Court as to whether there is any stay to the Decree in execution.
Adjd. for report to 20.03.2019.
Next Purpose: REPORT
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv. Smt. Sukeshi Bhandari for decree holder present.
K.B.
L.O.
Adv. Smt. Sukeshi Bhandari for decree holder present.
As Court is busy in dictating orders and in other work of Court, hence board is discharged and matter is adj for report to 25.03.2019.
Next Purpose: REPORT
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv. Bhandari for Decree Holder present.
Copy of plaint in H.C.Suit no.99/88 is filed by Decree holder t.o.r.
K.B.
L.O.
Heard Adv for Decree holder.
Adj for order to 28.03.2019.
Next Purpose: ORDER
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: None for Plaintiff.
As Court is busy in dictating orders in other matters and in other Court work, hence adj for order to 30.03.2019.
Next Purpose: ORDER
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: None for Plaintiff.
Order below Exh.5.
Perused application, judgment and decree in Suit No.2764/12, report of Bailiff. As per report of Bailiff, possession of suit premises i.e. two rooms of a ground floor of a flat situated in building namely Sushil, 14, Arthur Bunder Road, Colaba, Mumbai-5 were locked and so he could not execute writ of possession relating to those two rooms. As per report of Board department, there is not stay writ has been received so far from Hon\''ble High Court in Suit No.2764/12 till 13.03.2019.
Plaintiffs have contended that they have to hand over possession of suit premises to Court Receiver as per order dtd. 04.08.2015 of Hon\''ble High Court in Suit No.99/1988. I have gone through net copy of said order which shows that Ld.Counsel for defendants therein (Plaintiffs herein) made statement that as soon as the paying guest surrenders possession of the premises to the defendants, the defendants shall make over physical possession thereof to Court Receiver and said statement was accepted by Hon\''ble High Court.
Keeping in view above facts, issue possession warrant in relation to suit rooms under O-21 Rule-35 of C.P.C. directing to hand over possession of the same to the Plaintiffs by breaking open the lock of the same on bearing necessary charges by the Plaintiffs and to draw inventory of articles, if any found therein and after taking undertaking from the Plaintiff to return the articles to the defendant herein as and when required by Court, hand over articles if any found there as per inventories to the Plaintiff and obtain acknowledgment in that regard. After getting vacant possession of suit rooms, Plaintiffs shall make over physical possession thereof to the Court Receiver in High Court Suit No.99/1988 as per their undertaking/statement made before Hon\''ble High Court and make compliance of order dtd.04.08.2015. Accordingly, application is disposed off.
Registrar(Civil) to comply.
Adj for report to 06.06.2019.
Next Purpose: REPORT
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: By Precipe.
Adv. Anagha Hussain for Plaintiff present.
She filed original writ of possession and requested for extension of time for execution of writ of possession.
Speaking to minutes order dtd.30.03.2019.
Perused report of Asst. Superintendent, Execution Department and also Dy. Sherif of Mumbai.
It is pertinent to note that this Court vide order dtd.30.03.19 has directed to issue possession warrant in relation to suit rooms with further directions to hand over possession of the same to the Plaintiffs by breaking open lock of the same on bearing necessary charges by the Plaintiffs and to draw inventory of articles, if any found therein.
Sherif has requested for Police aid at the cost of Plaintiff at the time of execution of possession warrant in order to avoid any law and order situation and allegations by the parties, further requested that Plaintiff be directed to make necessary arrangements for latch and lock if required.
Asst. Superintendent, Execution department submitted that directions may be issued to the Plaintiffs to make necessary arrangements of Police aid at their own cost in consultation with office of Sherif of Mumbai.
Extension of Possession warrant is granted and issue possession warrant in relation to suit rooms under Order 21 Rule 35 of C.P.C. directing to hand over possession of the same to the Plaintiffs by breaking open the lock of the same on bearing necessary charges by the Plaintiffs and to draw inventory of articles, if any found therein in presence of two panchas and after taking undertaking from Plaintiffs to the effect that they will return the articles as and when required by the Court, hand over custody of articles as per inventory to the Plaintiffs and obtain acknowledgement in that regard. Sherif office is permitted to take Police aid in the form of one Police Head constable and one woman Police constable from the concerned P.Stn can be taken at the cost of Plaintiffs at the time of execution of possession warrant.
Plaintiffs are directed to comply also the conditions contained in order dtd.30.03.2019.
Registrar(Civil) to comply.
Already adj to 27.08.2019.
Next Purpose: REPORT
Next Hearing Date: 27-08-2019

Date: 17-06-2019
Business: By Precipe.
Adv. Anagha Hussain for Plaintiff present.
She filed original writ of possession and requested for extension of time for execution of writ of possession.
Speaking to minutes order dtd.30.03.2019.
Perused report of Asst. Superintendent, Execution Department and also Dy. Sherif of Mumbai.
It is pertinent to note that this Court vide order dtd.30.03.19 has directed to issue possession warrant in relation to suit rooms with further directions to hand over possession of the same to the Plaintiffs by breaking open lock of the same on bearing necessary charges by the Plaintiffs and to draw inventory of articles, if any found therein.
Sherif has requested for Police aid at the cost of Plaintiff at the time of execution of possession warrant in order to avoid any law and order situation and allegations by the parties, further requested that Plaintiff be directed to make necessary arrangements for latch and lock if required.
Asst. Superintendent, Execution department submitted that directions may be issued to the Plaintiffs to make necessary arrangements of Police aid at their own cost in consultation with office of Sherif of Mumbai.
Extension of Possession warrant is granted and issue possession warrant in relation to suit rooms under Order 21 Rule 35 of C.P.C. directing to hand over possession of the same to the Plaintiffs by breaking open the lock of the same on bearing necessary charges by the Plaintiffs and to draw inventory of articles, if any found therein in presence of two panchas and after taking undertaking from Plaintiffs to the effect that they will return the articles as and when required by the Court, hand over custody of articles as per inventory to the Plaintiffs and obtain acknowledgement in that regard. Sherif office is permitted to take Police aid in the form of one Police Head constable and one woman Police constable from the concerned P.Stn can be taken at the cost of Plaintiffs at the time of execution of possession warrant.
Plaintiffs are directed to comply also the conditions contained in order dtd.30.03.2019.
Registrar(Civil) to comply.
Already adj to 27.08.2019.
Next Purpose: REPORT
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv. Ms. Bhandari For D/H present.
She filed report of the first assistant to copy of report court receiver. TOR.
As per possession of suit premises is already handed over to court receiver thorough officer. Thus execution is fully satisfied and accordingly disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 27-08-2019

Main Case No: SUIT/0102764/2012
Main Cnr: MHCC010137412012
Main Filing No: 111447

Registration Number: 100156/2016
Transfer Date: 02-03-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 101054/2018
Filing Date: 15-03-2016
First Hearing Date: 09th April 2018
Decision Date: 27th August 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE