Kashiram Jamnadas through partner Pankaj Kantilal Gupta S.C.Suit No. 4548 of 1962VsMohamed Muslim S/o Mohamed Shafi Juman and ors.

Date: 14-02-2019
Business: Parties and Advocate absent, adjd to  21/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Ms. Kanchan Dubey I/b Ashish Mishra, Advocate for Plaintiff, present. On request of Ms. Dubey issue notice u/o.XXI Rule 22 of CPC, returnable on 22/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Miss. Kanchan Dubey, advocate for plaintiff present. As Court is on leave, board discharged and matter is adjourned to 18/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Ms. Neha Jadhav, advocate for the plaintiff present. Ms. Jadhav undertakes to produce copy of the order dt.15/01/2018, passed by the Honorable High Court dismissing the First Appeal No.174/1997, filed by the defendant, to satisfy to this court in respect of limitations. On request of Ms. Jadhav, adjd to 26/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Ms. Kanchan Dubey, advocate for the plaintiff present. Exe.application marked as Exh. A(Colly). Ms. Dubey, has tendered original unserved notice, taken on record and marked as Exh.B. Ms. Dubey prays for substitute service. Substitute service by all permissible modes is allowed, returnable on 03/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Ms. Kanchan Dubey, advocate for the Plaintiff present. On request of Ms. Dubey, adjd to 31/07/2019, for filing affidavit of service.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Ms. Kanchan Dubey, Advocate for Plaintiff, present.  Ms. Dubey has tendered affidavit of service in respect of notice sent by R.P.A.D, t.o.r and marked as Exh.C.  Envelopes containing notice have been returned by Postal Department, with endorsement that the Addressee has expired.  In view of this, on request of Ms. Dubey for taking further steps adjd to 09/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Ms. Neha Yadav, advocate for the Plaintiff present. On request of Ms. Neha, for taking steps, adjd to, 19/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Ms. Neha Yadav, advocate for the Plaintiff present. On request of Ms. Neha, for taking steps, adjd to, 20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Shri. Ashish Mishra, advocate for the Plaintiff present. Shri Mishra submits that the present exe.application be referred to the Honourable Court, as he intends to take out appropriate application for appointment of Administrator General, as the defendants could not be served. Hence, on request of Shri. Mishra, the matter is hereby submitted to the Honourable Court on 05/09/2019, as per assignment. Office to take steps to assign this matter to the Honourable Court. Parties and advocate to appear before the Court as may be assigned on 05/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Adv. Kanchan for DH present.
None for JD.
Adjd. to 06.11.2019 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None for plaintiff.
Adv Yachanna Rawal DH present.
She filed Draft Chs @ affidavit.  Leave is granted.
Adjd to 09-09-2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present.
Adjd to 17-06-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Vishnu Mishra for DH present.
None present for the JD.
Time is extended to register the CS.
Matter is adjd to 27.11.2021 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: None present.
Matter is adjd. to 10/02/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to  07-04-2022 for affidavit Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Advocate Mr. Mishra for DH present.
None for JD.
He filed affidavit of service of Ch/s. TOR
He also filed register Ch/s. No. 1590/2021. TOR
Matter is adjd. for Ch/s reply to 19-07-2022.
Next Purpose: C/S REPLY
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: court is vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: As court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: As court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: As court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv.Vishnudutta i/b Ashish Mishra present  for Decree Holder.
None for Judgment Debtor.
Heard the counsel of DH, he don’t know whether deceased JD are having legal heirs or any assets stood in their name, it satisfy the decree. In such circumstances the Counsel of DH argue the CS is maintainable.
Matter stands adjourned for argument on 13-09-2023.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv.Ashish Mishra present for DH.
None present for JD.
KB
L.O. at 3.45 pm.
Adv.Ashish Mishra present for DH.
Heard.
Perused the record the DH himself as mentioned of address of JD No.1 as residing at Plot No 5, Ferry Road, Munbai- 09 but he tried to serve the notice at the address of Johanpur, UP.  The plaintiff did not serve JD no. 1 and JD No.4. The JD no. 3 and 4 are reported to be dead as per postal remark. Hence, the DH is directed to serve to JD No.1 at Mumbai address and to the JD no. 4 at given address.
The Notice to the JD no.1 be served through bailiff. The bailiff is directed in case the JD is no found at the address, to paste the notice at the door of address as per order 5 rule 17 of CPC.
Matter stands adjourned for service on 21-11-2023.
Next Purpose: SERVICE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Adv.Vishnu Sharma present for DH/plaintiff. Seeking time. Time is granted.
None present for JD/defendant.
As per the request of DH the notice be served through bailiff upon all JD.
Matter stands adjourned for service on 05-02-2024.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: None present.
Matter stands adjourned to 20.04.2024 for chs hearing.
Kept Back
Later on at 2.45 pm
Decree holder present alongwith Advocate Nizzica Pinto  for Decree
Holder  present seeking extension time to serve upon the notice as
per order dated 21.11.2023.
Matter stands adjourned to 20.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present.
Matter stands adjourned for compliance on 05-08-2024.
L.O. at 1.30 pm.
Adv. Vishnudutt Mishra present for Decree Holder.
None present for Judgment Debtor.
Matter is already adjourned for compliance on 05-08-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Representative of Decree Holder present in person.
None present for Judgment Debtor.
Kept back.
L.O. at 12.05 pm.
Representative of Decree Holder present in person.
Adv. Ashish Mishra present through Video Conferencing for Decree Holder.
None present for Judgment Debtor.
The Bailiff received from department served upon Judgment Debtor No.1 by pasting, Judgment Debtor No. 2 and 3 are reported to be dead.
Heard the counsel of Decree Holder.
It is a decree for recovery of possession, the defendants were directed to handed over the possession of the property under the decree passed in S.C. Suit No. 4548/62.
The F.A. filed before Honble Bombay High Court which was disposed off in the year of 2018, hence, issue possession warrant as per Order 21 Rule 35 of CPC, as per rule, the sheriff is permitted to take the assistance of police at the costs of the Decree Holder, which would be recoverable from the Judgment Debtors as per the Provisions of Order 21 Rule 32 (5) of CPC.
Matter stands adjourned for compliance on 01-10-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Adv. Ashish Mishra present for Decree Holder.
None present for Judgment Debtor.
Sheriff Report received from Sheriff Office TOR marked as Exh.02.
Decree Holder submitted that he do not want to proceed with the Chamber Summons No.1590/21. Hence, Chamber Summons No.1590/21 stands disposed off as withdrawn.
Matter stands adjourned for steps on 20-11-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: Holiday declared due to election, hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: None present.
Kept back.
Later on at 3.00 pm.
None present.
Matter stands adjourned for steps on 28-02-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: As court is vacant. Hence,
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: As court is vacant board discharged and adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-06-2025

Date: 25-06-2025

Date: 24-07-2025
Business: Adv. Vishnu Mishra h/f Ashish Mishra  Decree Holder is present seeking extension time for service on Judgment Debtor no. 4.
O-granted.
None for Judgment Debtor.
Matter stands adjourned to 06.10.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: As presiding officer is attending official training at Uttan. Hence matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: Adv. Ashish Mishra present  for plaintiff, tendered affidavit of service  TOR marked as Exh.04.
Judgment Debtor No.4 is served through RPAD. He failed to appear. Hence proceed ex-parte against him.
None present for Judgment Debtor.
Matter stands adjourned to 17-12-2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: As P. O. is on Leave.Hence, matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Adv.Vishnudatta Mishra for Decree Holder.
None present for Judgment Debtor.
Matter stands adjourned to 16-03-2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: Decree Holder is present.
Adv.Tushar Ambekar h/f Ashish Mishra present for Decree Holder, tendered application for directing to bailiff to this Honble Court to execute the warrant of possession TOR marked as Exh.03.
Matter stands adjourned to  09-04-2026  hearing on Exh.03.
Next Purpose: HEARING
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: DH is present.
JD is present.
Adv. Tushar Amekar is present for DH.
None for JD.
He prayed that to kept back the matter it is highly impossible to kept back the matter and the second session is busy in criminal matter and on todays board 63 matters are listed. Hence, matter is adjourned.
Matter stands adjourned to 28.04.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: As Court is busy in hearing final arguments in Suit No.9678/1990 along with Counter Claim 13/2025 (which is more than 35 years old), the rest of the Civil Board stands discharged.
Matter stands adjourned to 09.07.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: Representative of Decree Holder is present.
None present for Judgment Debtor.
Kept back.
Later on at 1.52 PM
Adv. Ashish Mishra present for Decree Holder.
Heard, Advocate for D.H. on application Exhibit-03. Perused bailiff report dated 27.09.2024 it seems that possession warrant was not executed as there were structure on the suit property.  The bailiff is directed to delivered vacant possession of the suit property as per the decree passed in S. C. Suit No. 4548 of 1962. The plaintiff / D.H. may apply for Assistance of Police in recovery of possession at there costs.
Matter stands adjourned to 05.09.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: NOB-TOB.
By praecipe Exh.05. O- Allowed and matter taken on todays board.
Adv. Vishnu Mishra h/f Ashish Mishra Decree Holder, tendered application return of the original warrant of possession  to the Decree Holder  alongwith bailiff report taken on record and marked as Exh.06. O- Allowed.
Original warrant alongwith bailiff report is tendered to advocate for Decree Holder who undertakes to furnish xerox copy of same on record.
Matter is already adjourned to 05-09-2026.
Next Purpose: HEARING
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: By praecipe Exh.07.
NOB-TOB.
Adv. Ashish Mishra present Decree Holder, tendered application for revaliditaing warrant of possession taken on record and marked as Exh.08.  O-Allowed.
The date of warrant be postponed to 13-10-2026.
Matter stands adjourned to 13-10-2026.
Next Purpose: HEARING
Next Hearing Date: 13-10-2026

CHAMBER SUMMONS/101590/2021

Registration Number: 100034/2019
Transfer Date: 22-08-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100034/2019
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100034/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100034/2019
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 100826/2019
Filing Date: 02-02-2019
First Hearing Date: 14th February 2019
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE