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EXECUTION APPLN

MRS. BHARTI DANJI WAGHVsMRS. KAVITA VILAS MALVE AND ANR.

CNR MHCC010011552018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 26th November 2019

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100455/2016
Registration Date
02 Sept 2016

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: 12-04-2018
    Business: Parties and Advocate absent.  Record shows that warrants of attachment u/o. XXI Rule 43 are issued on 18/10/2016.  Hence, call for status report from the office of Deputy Sheriff of Mumbai, returnable on 18/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2018
    
    Date: 18-06-2018
    Business: Parties and Advocate absent.  Adjd to 04/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Business: Parties and Advocate absent, adjd to 26/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Mr. Balbheem Patil, Advocate for Plaintiff, present.  On request of Mr. Patil, adjd to 26/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Mr. Balbheem Patil, Advocate for Plaintiff, present.  Inventory report bearing No.KKN/A-59970/107/2017, dated 12/01/2017, under this office Inward No.817, dated 20/01/2017, in respect of attachment of property u/o.XXI Rule 43 of CPC of JD No.1-Mrs. Kavita Vilas Malve, t.o.r. and marked as Exh.4.  Inventory report bearing No.KKN/A-63125/108/2017, dated 12/01/2017, under this office Inward No.819, dated 20/01/2017, in respect of attachment of property u/o.XXI Rule 43 of CPC of JD No.2-Ms. Kalpana Deepak Tambe, t.o.r. and marked as Exh.5.  On request of Mr. Patil, adjd to 03/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-01-2019
    
    Date: 03-01-2019
    Business: Shri B.S.Patil, Advocate for plaintiff present.  On request of Shri Patil  for taking steps, adjourned to 05/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Parties and advocate absent.  As court is on leave, board discharged, matter is adjourned to 13/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Parties and Advocate absent, adjd to  17/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Shri. B.S. Patil, Advocate for Plaintiff present. On request of Shri.Patil, for taking further steps, adjd to 11/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Shri. B.S Patil, Advocate for Plaintiff Present. On request of Shri. Patil for taking further steps, adjd to 30/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Shri B. S. Patil advocate for Plaintiff present. On request of Shri. Patil, adjd to, 02/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Shri. B.S. Patil, advocate for the Plaintiff present.
    As Court is on leave, board discharged and adjd to 20/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Parties and Advocate absent.
    As no steps have been taken since receipt of inventory on 20/01/2017, considering the provisions of rules 166 of Bombay City Civil Courts Rules, 1948, adjd to 23/11/2019, for disposal.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Shri B.S.Patil, Advocate for Plaintiff present.
    Shri. Patil states that plaintiff failed to take further steps, after receipt of inventory, on account of his health ground, and request for short adjournment.
    Hence, on request of Shri.patil, adjd to 26/11/2019, making it clear that on failure to take steps, on that date the matter will be disposed off.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Shri B.S.Patil, Advocate for Plaintiff present.
    Shri. Patil seeks time to take further steps for issuance of warrant of sale.
    However, on last occasion, it was made clear that on failure to take steps, matter will be disposed off today.
    The reason stated by Shri. Patil i.e. health ground of the plaintiff is not acceptable and Shri. Patil has also not produced any medical certificate in that respect. As such, inference can be drawn that the plaintiff is not interested in pursuing with the matter.
    In view of this, considering the provisions of Rule 166 of Bombay City Civil Courts Rule, 1948, present exe.application stands disposed off, as no steps have been taken for more than two years after receipt of the inventory.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 26-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 101164/2018
    Filing Date: 23-08-2016
    First Hearing Date: 12th April 2018
    Decision Date: 26th November 2019
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    0

    No order text is available in this record.

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