MAHMOOD USSAIN SHIRAZIVsALTAF ASHRAF LADHA AND ANR.

Date: 12-04-2018
Business: Parties and Advocate absent.  Record shows that warrants of attachment u/o. XXI Rule 43 and 54 are issued on 30/11/2017 and are made returnable on 30/11/2018.  Hence, adjourned to 30/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2018

Date: 30-11-2018
Business: Parties and Advocate absent, adjd to 23/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Parties and Advocate absent, adjd to  25/02/2019. Execution application marked as Exh. A (Colly). Sheriff Report bearing no.PVK/A-49505/2123/2018, dt. 13/02/2018, under this office inward no. 13471, dt. 12/12/2018, taken on record and marked as Exh. B. 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: 25-02-2019

Date: 19-08-2019
Business: Shri. Priyansh Shukla, advocate for the Plaintiff present. On request of Shri. Shukla, for taking further steps, adjd to 26/9/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Shri. Rajnish Upadhyay, advocate for the Plaintiff present. On request of Shri. Upadyay, adjd to 30/09/2019, by way of last chance for taking necessary steps as the Sheriff Report dt.13/02/2018, in respect of execution of warrant of attachment u/o.XXI Rule 54 of CPC, is already on record.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Shri. Priyansh Shukla, advocate for the Plaintiff present. Shri. Shukla has tendered original warrants dt. 30/11/2017, u/o.XXI Rule 43 and 54 of CPC, taken on record and marked as Exh-C and D respectively. Shri. Shukla states that the said warrants are already executed and states that the defendant has presently changed their address and Shri. Shukla undertakes to take necessary steps to raze the attachments levied in pursuance of warrants issued on 30/11/2017. In view of this, Shri. Shukla has tendered amendment application in exe.application, taken on record and marked as Exh-E.  Upon perusing the application presently amendment application is allowed to the extent of amendment in exe.application. On request of Shri. Shukla, adjd to 05/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Shri. Priyansh Shukla, advocate for the Plaintiff present.
Shri. Shukla has tendered application for extension of time for amendment, taken on record and marked as Exh-F.
Upon hearing Shri. Shukla application allowed by extending the time for amendment till 19/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Shri. Priyansh Shukla, advocate for the plaintiff present.
Shri. Shukla states that the amendment has been carried out and seeks time to complete the service of amended proceeding upon the defendnants.
Hence, on request of Shri. Shukla for completing service, adjd to 13/12/2019.
On request of Shri. Shukla short service, by humdast is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Shri. Priyansh Shukla, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 04/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Shri. Priyansh Shukla, advocate for the plaintiff present.
Shri. Shukla has tendered the affidavit of service, t.o.r. and marked as Exh-G.
As the notice could not be served Shri. Shukla prays for substitute service. Substitute service is allowed, returnable on 12/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Shri Rajnish Upadhyay advocate for the plaintiff present.
On request of Shri. Upadhyay, it is clarified that the substitute service may be effected by any permissible mode of service.
For completing substitute service, adjd to 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Shri. Priyansh Shukla, advocate for the plaintiff present.
Shri. Shukla has tendered affidavit of service t.o.r, and marked as Exh-H.
On request of Shri Shukla for taking further steps adjd to 18/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Parties and Advocate absent, adjd to 27/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Parties and advocate are absent adjourned to 18/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Parties and advocate are absent adjourned to 03/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Shri Priyank Shukla advocate for plaintiff present.
Shri Shukla states that despite service defendant neither appeared not filed reply and hence he prays that warrants as prayed for in the execution application on amended address be issued by making the notice absolute.
Hence upon perusing affidavit of service issue warrants as prayed for returnable on 26/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Shri  Rajnish Upadhyay advocate for plaintiff present.
On request Shri Upadhyay  matter adjourned to 28/04/2021, by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 28/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 30/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Parties and Advocate absent matter adjourned to 18/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 03/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Shri Priyansh Shukla, advocate for plaintiff present.
On request of Shri Shukla adjourned to 28/02/2022, by extending the returnable date of warrant.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Shri Bharat Thorat, advocate for plaintiff present.
On request of Shri  Thorat, for taking appropriate steps, matter adjourned to 22/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Shri R.D. Mishra, Advocate for Plaintiff present.
None for defendant.
On request of Shri Mishra matter adjourned to 19/04/2022, for submitting original warrant with execution report thereof.
Next Purpose: FOR___________________
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Parties and advocate absent adjourned to 30/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Shri R.D. Mishra, advocate for plaintiff present.
On request of Shri Mishra, matter adjourned to 20/07/2022, for issuance of warrant on amended address as ordered on 03/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Shri Rajanish Upadhyay, advocate for plaintiff present.
Shri Upadhyay, states that order or issuance of warrants passed on 03/03/2021 is yet to be complied and he seeks time to comply with the same and on his request for issuance of warrants as ordered on 03/03/2021, matter adjourned to 30/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Shri Rajnish Upadhyay, Advocate for Plaintiff present.
Despite granting time order of issuance of warrant passed on 03/03/2021 is not yet been complied with and Shri Upadhya seeks further time to comply with the same.
Matter being old and order is also passed in the year 2021, time granted to comply with the order of issuance of warrant, however, matter will appear under caption for dismissal on 20/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Shri Priyansh Shukla, Advocate for plaintiff present.
Shri Shukla, seeks some more time to execute the warrant and on his earnest request, adjourned to 25/11/2022, by extending the returnable date of warrant, however, matter to appear on board under caption for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Shri Rajnish Upadhyay, advocate for plaintiff present.
On request of Shri Upadhyay, awaiting report of execution of warrant of attachment, adjourned to 08/12/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Shri Priyansh Shukla advocate for plaintiff present.
Shri Tejas Shah advocate for obstructionist present.
Shi Shah tendered Vakalatnma of Hardik Desai, Advocate for obstructionist, t.o.r. marked as Exh-I.
Shri Shah states that obstructionist is taking our Chamber Summons before the Honourable Court and states that the present Exe.Application be submitted to Honourable Court.
Shri Shukla, Advocate for plaintiff has no objection.
Hence, present Exe.Appliction is hereby submitted to Honourable Court, as per assignment, on 11/01/2023.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Court on 11/01/2023, as may be assigned.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Court is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Priyansh Shukla for DH present.
Adv. Vatshal Shah applicant/obstructionist in CS present. He tendered draft CS a/w affidavit in support.
O-Leave granted to register draft CS.
None present for JD present.
Heard the advocate of obstructionist and the DH. Admittedly the flat which is order to be attached in Execution on Money decreed against the JD, is belongs to tittle of obstructionist who has no concern with the transaction between DH and JD. The advocate of DH has fairly admitted and tender his no objection for allowing draft CS. Hence, I proceed to pass following order.
ORDER
1. Draft CS stands allowed in terms of prayer clause (a) to (c).
2. The warrant of attachment of flat belong to the obstructionist dated 07.11.2022 stands set aside.
3. Draft CS be registered for statistical purpose.
4. Proceeding closed accordingly.
Draft CS is handed over to obstructionist for registration.
Matter stands adjourned on 20.04.2023 for compliance.
Later on at 3.54 p.m.
Advocate of obstructionist tendered disposed registered CS
No.434/2023.
Matter already adjourned on 20.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: As P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: As court is on leave, matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Both the parties absent.
Registered Ch/s no. 434/2023 is taken on record it is already disposed of.
D/h to take steps.
Matter stands adjourned on 10-01-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: This court is formed on 02.02.2024.
Matter transferred from CR.03.
None for plaintiff
None for defendant.
DH absent. No steps taken hence matter posted for further order.
Dew to newly formation of this court and change of assignment matter is adjourned for further order.
KB. LO at 12.10 PM
DH present.
Matter adjourned for steps/ further order to 29-02-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Pathak h/f Adv. Shukla for  DH/plaintiff present and filed an application to issue arrest warrant to judgment debtor. T.o.r. and marked as Exh.02 O- Show cause issue/ notice to JD.
None for defendant.
Matter adjourned for report of notice to 04-05-2024.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Report not received.
Matter adjourned for report of notice to 01-07-2024.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: PO is on leave in 1st session
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Jagdish Upadhyay h/f Priyank Shukla for  DH/plaintiff is present. He seeks time to file affidavit of service.
None for JD/defendant.
Matter adjourned for filing affidavit of service by plaintiff to 10-09-2024.
LO at 11.39 am.
DH is present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Priyank Shukla for DH/ plaintiff is present and filed affidavit of service regarding notice under Order 21 Rule 37 of the CPC upon JD No.2. TOR and marked as Exh.03. O- Seen and filed.
None for JDs/defendants.
Matter adjourned for Hearing on Exh.03 to 22-10-2024.
Next Purpose: HEARING
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Decree Holder is present.
Adv. Dharmendra Mishra for all Judgment Debtors is present and filed his Vakalatnama. TOR and marked as Exh.4. O - Filed.
He also filed adjournment application. TOR and marked as Exh.5. O - Other side to Say.
Kept back.
Later on, at 12.06 p. m.
Decree Holder along with his Adv. Priyank Shukla is present and filed Say on application at (Exh.5) and he has objection.
O - Application is granted subject to payment of costs of Rs.500/- by J. D. to the D. H. on or before the next date as a last chance.
Matter is adjourned for hearing to 16.11.2024.
Next Purpose: HEARING
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff alongwith his advocate Pathak h/f Adv. Priyank Shukla is present.
None for JDs/defendants.
KB. Lo at 1.08 pm.
DH/ plaintiff in person is present.
Adv. Bhavika Hodas h/f adv. Jitendra Mishra for JD No.1 is present and filed her VP. TOR and marked as Exh.06. O- Filed.
None for other JDs.
KB. Lo at 1.51 pm.
DH/plaintiff alongwith his advocate Pathak h/f Adv. Priyank Shukla is present. He supplied copy of application at Exh.03 to the advocate of JD No.1.
Adv. Bhavika Hodas h/f adv. Jitendra Mishra for JD No.1 is present and filed adjournment application. TOR and marked as Exh.07. O- Other side to say. Adv. Pathak for DH has objection. Application is granted subject to costs of Rs.500/- paid to DH.
Matter adjourned for filing say on Exh.03 by JDs and payment of costs to 09-12-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: DH a/w his Adv. Priyank Shukla is present.
None for JDs.
K.B.
Later on at 1.00 p.m.
DH a/w his Adv. Priyank Shukla is present.
Adv. Randhir Kumar Mandal h/f Adv. Jitendra Mishra for JDs is present and paid costs of Rs.1000/- to DH.
He also filed say to Exh-03. TOR. Marked as Exh-08. O-seen and filed. Copy is served on other side.
Matter adjourned for hearing on Exh-03 to 03.01.2025.
Next Purpose: HEARING
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: The Court is on Leave.
Next Purpose: HEARING
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: DH a/w his Adv. Priyank Shukla is present.
Adv. Bhavika Hodar for both the JDs is present.
K.B.
Later on at 12.26 p.m.
DH is present.
Adv. Pradyumna Sharma for both the JDs is present.
K.B.
Later on at 12.36 p.m.
DH a/w his Adv. Priyank Shukla is present.
Adv. Pradyumna Sharma for both the JDs is present.
Heard arguments of both the sides on application at Exh-02. Court has passed following order below Exh-02.
ORDER
1. Issue notice under Order-21 Rule-37 of the CPC to JD No.1 asking him as to why arrest warrant under Order-21 Rule-38 of the CPC should not be issued against him.
Matter adjourned for report of service of notice and reply by JD No.1 to 05.04.2025.
Next Purpose: REPORT
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: DH a/w his Adv. Rajnish Upadhyay is present. He filed application to re-issue notice under Order-21 Rule-37 of the CPC to JD No.1 as per order dated 07.03.2025. TOR. Marked as Exh-09. O- Re-issue notice under Order-21 Rule-37 of the CPC to JD No.1 as per order dated 07.03.2025.
Adv. Vinod Gupta h/f Adv. Pradyumna Sharma for JD Nos.1 and 2 is present.
Matter adjourned for awaiting report of notice to JD No.1 to 26.06.2025.
Next Purpose: REPORT
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Adv. Rajnish Upadhyay for DH is present and filed application for extension for time to service. Marked as Exh-10. TOR. O- Granted till next date.
Adv. Bhavika Hodas for JD Nos.1 and 2 is present.
Reissue notice under Order-21 Rule-37 of CPC against JD No.1 in terms of order dated 07.03.2025.
Matter adjourned for report of notice to 06.08.2025.
Next Purpose: REPORT
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: The Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: The court is on leave
Next Purpose: REPORT
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH
Adv. Randhirkumar Mandal for JD is present.
Matter adjourned for awaiting report to 24.12.2025.
                                                                                 Judge
Next Purpose: REPORT
Next Hearing Date: 24-12-2025

Date: 24-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
DH is present.
Adv. Randhirkumar Mandal for JD is present.
Office to comply with the order dated 07.03.2025.
Matter adjourned for report to 20.02.2026.
                                                                                 Judge
Next Purpose: REPORT
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for report to 10.04.2026.
Later on at 1.24 p.m.
Adv. Randhirkumar Mandal for JD is present.
Matter adjourned for report to 10.04.2026.
                                                                                 Judge
Next Purpose: REPORT
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Priyank Shukla for DH is present.
Adv. Bhavika Hodar i/b Adv. Pradyumna Sharma for JD is present and sought time. O- Granted as last chance. The JD is hereby directed to make his submission on Exh-02 without failed on next date otherwise the argument of DH will be heard and Exh-02 will be decide as per its own merits.
Matter adjourned for hearing on Exh-02 to 18.06.2026.
                                                                                 Judge
Next Purpose: HEARING
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Priyansh Shukla for DH is present.
None for JD.
Matter adjourned for hearing on Exh-02 to 18.07.2026.
                                                                                 Judge
Next Purpose: HEARING
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Devika Shukla h/f Adv. Pradyumna Sharma for JD is present.
None for DH.
K.B.
Later on, at 11.30 a.m.
Adv. Priyank Shukla for DH is present.
Matter adjourned for hearing to 10.09.2026.
                                                                                 Judge
Next Purpose: HEARING
Next Hearing Date: 10-09-2026

Main Case No: SUIT/0103771/2013
Main Cnr: MHCC010058582013
Main Filing No: 111447

MISC APPLICATION/100070/2019
CHAMBER SUMMONS/100434/2023

Registration Number: 100389/2016
Transfer Date: 12-12-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100389/2016
Transfer Date: 03-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 101152/2018
Filing Date: 03-08-2016
First Hearing Date: 12th April 2018
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE