Date: 12-02-2019
Date: 11-03-2019
Date: 08-04-2019
Date: 21-06-2019
Date: 09-07-2019
Date: 17-07-2019
Date: 24-07-2019
Date: 22-08-2019
Business: Shri. Devang Parmar, advocate for the Plaintiff present. Ms. Tosha Kothari, advocate for the defendant present. Plaintiff and defendant no.1 are present. By consent of both the parties, Architect Shri. Korgaonkar is appointed as the \''Court Commissioner\'' for valuation of Suit Property is request to submit the report to this Court on or before next date. Office to issue writ of commission accordingly. Matter adjd to 24/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Date: 09-10-2019
Date: 11-11-2019
Date: 11-12-2019
Date: 16-01-2020
Business: DH and JD no. 1 present.
Adv. Kaushikh Kothari for JD no. 1 to 4 present.
Adv. Korgaonkar for Court Commissioner present.
Heard both sides. The DH in person submitted that the valuation of the property has been carried out behind his back. He has to take valuation of the court through his counsel and sought time for raising objections.
Ld. counsel for JD no. 1 to 4 also submitted that according to him valuation is on the higher side so therefore, he also sought time to raise objections.
ld. CC submitted that the DH has not paid his share out of the total fees of the Court Commissioner. The JD have paid their share. Therefore, DH may be directed to comply.
Accordingly, directions are given to DH to make payment of his share of the fees of Court Commissioner.
Matter stands Adj for raising objections on report of Court Commissioner to 24.01.2020.
Next Purpose: HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Date: 17-02-2020
Business: DH present.
Defendant no. 1 present.
Keep back
Later on at 1.05 am
DH present and filed reply affidavit to the valuation report dated 07.10.2019. Copy of served on other side.
Defendant no. 1 present.
Matter stands Adj for hearing to 21.03.2020.
Next Purpose: HEARING
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Date: 28-08-2020
Date: 02-11-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Date: 12-02-2021
Date: 08-04-2021
Date: 23-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Date: 03-09-2021
Business: Matter called out at 11.35 a.m.
Decree holder and judgment debtor are present in person.
Matter stands adjourned to 27.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Date: 04-10-2021
Date: 18-10-2021
Date: 29-10-2021
Date: 29-11-2021
Business: Matter called out at 11.33 p.m.
DH in person present.
Adv. Sandeep Bane tendered VP on behalf of DH alongwith letter of DLSA. TOR. Exh.5-colly.
O-Seen and filed.
JDR in person present.
Matter stands adjourned to 03.12.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Date: 11-12-2021
Date: 24-01-2022
Business: Plaintiff and Deft. No.1 in person present.
Matter stands adjourned to 11.02.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Date: 17-03-2022
Date: 07-04-2022
Business: Matter called out at 11.14 a.m.
DH in person present.
Adv. L. K. Tripathi for DH present.
Adv. Kaushik Kothari for JDR No.1 to 4 present.
Initially the DH accepted cheque of Rs.15,00,000/- towards full and final settlement of consideration amount towards his 1/5th share in the suit property. He further want that in the event, JDR would sell the property, they should obtain his consent and also pay Rs.3,50,000/- more.
It appears that DH do not want to settle the dispute. Therefore, either the defendant should deposit 1/5th amount of valuation of the suit property as mentioned in the valuation report in the court or the aforesaid amount can be recovered by putting the suit property for auction sale. Hence, put up the matter for compliance.
Matter stands adjourned to 07.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Date: 05-07-2022
Date: 23-08-2022
Business: DH in person present.
JD No.1 and 3 in person present.
Matter stands adjourned to 01.10.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Date: 13-10-2022
Date: 21-11-2022
Business: Adv. Kaushik Kothari for JD present.
K.B.
Later on called out at 12.21 p.m.
DH in person present.
JD No.1 in person present.
Adv. Kothari for JD No.1 to 4 present. He tendered affidavit in reply to application of plaintiff (Exh.06). TOR. Exh.07. Copy served to the DH.
As per roznama dated 07.04.2022, the JDs were directed to deposit 1/5th amount of the valuation of the suit property as mentioned in the valuation report. The DH applied for discarding of consent terms vide Exh.06, though the said consent terms are not on record. There is also reference in this regard in roznama dated 07.04.2022. The DH do not want to settle the dispute. The JD No.1 to 3 had sought to deposit the amount vide roznama dated 01.10.2022, hence, JDs are directed to deposit amount as per roznama dated 07.04.2022 on or before next date. Hence, application (Exh.06) is disposed off accordingly.
Matter stands adjourned to 21.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Date: 09-01-2023
Date: 27-01-2023
Date: 18-02-2023
Business: DH in person present.
JD a/w Adv. Mayur Sapkale h/f Adv. Kothari present.
By consent, matter stands adjourned on 13.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Date: 05-04-2023
Date: 12-06-2023
Date: 03-08-2023
Business: D/H in person present.
Adv Dinesh Yadav for respondent no. 1 to 4 present and filed V/P. Exh.8.TOR
Matter stands adjourned on 02-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: D/H in person present.
Adv for J/D nos. 1 to 4 present he submitted that the J/D ready to pay the amount of Rs. 15,00,000/- and the D/H is not accepting the same. Earlier also the record reveals there are talks of settlement hence matter be kept before the Lokadalat i.e. 09.09.2023.
Matter stands adjourned on 09-09-2023 for Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: NATIONAL LOK ADALAT HELD ON 09/09/2023 (PANEL-XII)
Matter pertains to CR No.3
None present for plaintiff.
Defendant no. 1 and 3 is present.
Matter is not settled.
Case is adjourned to 29/11/2023.
Panel Head Panel Member
HHJ SHRI. V. D. KEDAR PROF. DR. SHIVANI SHELAR
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Advocate Pandey present a/w Decree holder.
Advocate Dinesh Yadav present a/w Judgment debtor nos. 1 and 3.
Exhibit 9 Vakalatnama filed by Decree holder. Taken On Record.
Kept back.. Later on at 4.15 pm.
Same appearance.
J/d no. 1 and 3 shows willingness to pay the amount of share to D/h. As per the calculation by the parties, the share of D/h comes to Rs. 18,90,000/- (Rupees Eighteenth Lakh, Ninety Thousand only).
J/d no. 1 and 3 are ready to pay Rs. 15,00,000/- (Rupees Fifteenth Lakh only) by cheque today itself. The remaining amount of Rs. 3,90,000/- (Three Lakh, Ninety Thousand only) is undertaken to be paid on next date.
J/d no. 1 and 3 handed cheque of Rs. 15,00,000/- (Fifteenth Lakh only) to D/h.
Exhibit 10 Pursis filed by D/h of accepting the cheque of Rs. 15,00,000/- (Fifteenth Lakh only) and amount of share. Taken On Record. Order - seen and filed.
Matter stands adjourned on 21-12-2023 for payment of remaining
amount of Rs. 3,90,000/- (Three Lakh, Ninety Thousand only).
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Decree holder in person present.
Advocate Mayur Sapkale present a/w Judgment debtor nos. 1 and 3.
Judgment debtor no 1 and 3 handed D.D no. 207365 dtd. 19.12.2023 of Rs. 3,90,000/- (Rupees Three Lakh Ninety Thousand Only) to Decree holder.
Exhibit 11 Pursis a/w copy of D.D no. 207365 dtd. 19.12.2023 filed by Decree holder for accepting the Rs. 3,90,000/- (Rupees Three Lakh Ninety Thousand Only).
Order - Heard Decree holder in person. He filed copy of his Aadhar Card for his identification which is verified from the original. Original Aadhar Card is returned to the Decree holder. Decree holder admitted of receiving D.D no. 207365 dtd. 19.12.2023 of Rs. 3,90,000/- (Rupees Three Lakh Ninety Thousand Only). He stated that he do not wish to proceed with the matter as he has received amount towards his share.
In view of Exhibit 10 and Exhibit 11, amount of Rs. 18,90,000/- (Eighteen Lakh Ninety Thousand Only) is paid to the Decree holder by paying Rs. 15,00,000/- (Fifteen Lakh Only) on 29.11.2023 and Rs. 3,90,000/- (Rupees Three Lakh Ninety Thousand Only) by D.D no. 207365 dtd. 19.12.2023 towards full and final payment of Decretal amount by Judgment debtor nos. 1 and 3.
Hence Execution Application is disposed of as fully satisfied.
Notice of Motion No. 4922 of 2022 is accordingly disposed off.
Nature Of Disposal: OTHER
Disposal Date: 21-12-2023