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EXECUTION APPLN

DEVENDRA BABASAHEB KHANDAREVsSUNIL NAMDEO GAIKWAD

CNR MHCC01001592201885-COURT NO 85 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th August 2026

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100192/2016
Registration Date
01 Apr 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 ASSIGNMENT

    Case History / Proceedings

    Case History
    Date: 20-01-2018
    Business: N.O.B.T.O.B.
    Matter was undated previously.
    Matter is taken on board.
    Matter is adj. to 30/06/2018.
    Next Purpose: REPLY
    Next Hearing Date: 30-06-2018
    
    Date: 30-06-2018
    Business: None for D.H.
    None for J.D.
    Matter is adjd. to 08/08/2018 for Reply as last chance.
    Next Purpose: REPLY
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Adv. B. S. Patil for D.H. present.
    None for J.D.
    Advocate for the D.H. seeks time to file the reply hence,
    Matter is adjd. to 03/09/2018 for Filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: As the Court is on Leave Board is discharged and the matter stands adjd to 16.01.19
    Next Purpose: REPLY
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv. Mr. B. S. Patil for D.H. present.
    None for J.D.
    Matter is adjd. to 18/02/2019  for reply as a last chance.
    Next Purpose: REPLY
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: None for D.H.
    None  for J.D.
    Matter is adjd. to 25/03/2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Adv for plaintiff Mr.Patil present
    Matter is Adjd for Hearing to 14/06/2019
    Next Purpose: HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: None present
    Matter is Adjd for Hearing to 31/07/2019
    Next Purpose: HEARING
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Both parties advocate absent.
    Adjd for hearing on 05/11/2019.
    Next Purpose: HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. B.S. Patil for plaintiff present.
    None for deft.
    Adjd. to 17.01.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. B.S.Patil for plaintiff.
    Adjd to 27.03.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: P. O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: None present
    Adjd to 30-06-2021
    Next Purpose: HEARING
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv Rajesh patil for DH
    Adv for JD
    None present for both parties.
    KB
    LO
    call on second session
    Adv Rajesh Patil for DH.
    None for JD.
    Heard Argument for DH.
    TThe advocate of plaintiff submitted that garnishee has reported that the JD is not attending duty in BMC. The said fact had been  reported in the year 2016. Therefore it is necessary to call status report from garnishee to that whether presently JD is attending duty in BMC and his service is continue.
    Matter is adjd to 14-12-2021 for Garnishee Report.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: None present.
    Matter is adjd. to 21/01/2022 for awaiting garnishee report.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    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 05-03-2022 for Garnishee Notice.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    
    Date: 07-04-2022
    Business: Advocate Mr. Rajesh Patil for DH present.
    None for JD.
    Re-issue notice  as per earlier roznama.
    Matter is adjd. for Garnishee Notice to 23-06-2022.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: P. O. is on leave.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: As court is vacant.
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: As court is vacant
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: N.O.B.T.O.B
    Matter pertains to C.R.No.15
    Adv. Rajesh Patil for DH present.
    Matter be placed before Lok-adalat.
    Issue notice to both parties.
    Matter Adjd for lok-adalat on 11/02/2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Matter pertaining to C.R. No.15
    Both the parties and adv absent.
    Matter Adjd to 28/03/2023
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present.
    Matter Adjd for Hearing on 15/07/2023.
    L.O. 1.19 P.M.
    Adv. Priyanka Ruptake h/f Adv .Rajesh Patil of DH present.
    Next Purpose: HEARING
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Adv.Balbheem Patil present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 3.15 PM.
    Adv. Rajesh Patil present for plaintiff.
    Matter stands adjourned for steps on 16-09-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None present.
    KB.
    L.O. at 5.00 pm.
    None present.
    Matter stands adjourned for dismissal on 25-10-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv.Rajesh Patil present for DH.
    None present for JD.
    KB.
    L.O. at 3.20 pm.
    Adv.Rajesh Patil present for DH, tendered application for issue notice to JD TOR marked as Exh.2. O- Allowed Hamdast.
    None present for JD.
    Issue notice to JD.
    Matter stands adjourned for Report/Compliance on 08-01-2024.
    Next Purpose: REPORT
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: None Present.
    Matter stands adjourned for report on 07-03-2024.
    Next Purpose: REPORT
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: REPORT
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Adv.Rajesh Patil present for Decree Holder. Seeking time. Time is granted.
    None present for Judgment Debtor.
    Matter stands adjourned for steps on 17-08-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Adv. Rajesh Patil for decreeholder present. He is seeking time. Time granted.
    None present for judgment debtor.
    Matter stands adjourned to 07.11.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: None present.
    Kept back.
    Later on at 3.45 pm.
    Adv. Rajesh Patil present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned for steps on 15-01-2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: COURT IS VACANT
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-06-2025
    
    Date: 18-06-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: Adv. Rajesh Patil present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned to 13-09-2025 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-09-2025
    
    Date: 13-09-2025
    Business: Matter pertains to Court Room No.84.
    Both parties absent.
    Matter is not settled.
    Matter stands adjourned to 19.11.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: None present.
    Kept back.
    Later on at 4.00 pm.
    None present.
    There is an element of possibility of settlement. Matter is referred to Lok-Adalat.
    Matter stands adjourned to 13-12-2025 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: NATIONAL LOK-ADALAT HELD ON 13.12.2025 (Panel-XIV)
    Matter pertaining to C.R. No.84
    None present.
    Matter is adj for steps to 20.12.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: As P. O. is on Leave. Matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: None present.
    The present  matter is under the caption of steps.
    Matter stands adjourned to 31-01-2026  for steps/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-01-2026
    
    Date: 31-01-2026
    Business: Decree Holder is present.
    Adv. Balbheem Patil present for Decree Holder. Seeking time. Time is granted as last chance.
    If the positive steps not taken on that day then E.A. deemed to be disposed off without further reference to this court.
    Matter stands adjourned to 27-02-2026 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: Parties are absent.
    Adv. Balbheem Patil present for plaintiff and asked to grant last chance to take steps. O- Last chance granted, if failed to take positive, effective and vigilant steps on or before next date , the petition would stands dismissed. Hence, choice date is given to the Ld. Advocate for plaintiff.
    Matter stands adjourned to 27.03.2026 for steps/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-03-2026
    
    Date: 27-03-2026
    Business: As court is busy in recording evidence in Suit No.6033/05, 6032/05 5985/05 and Suit No.5986/05 hence, rest of the board stands discharged.
    Matter stands adjourned to 21-04-2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-04-2026
    
    Date: 21-04-2026
    Business: As the court is busy in hearing argument in suit No. 110125/91  which is more than 30 yrs old and dictating order in Comm. Suit No. 398/24. Hence, rest of the board stands discharged. Hence, matter is adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-04-2026
    
    Date: 25-04-2026
    Business: DH and JD are absent.
    Adv. B. S. Patil for DH is present and sought time to take steps. O-Granted as Last chance.
    None for JD.
    If the steps are not taken, on or before next date deemed to be disposed of.
    Matter stands adjourned to 27.04.2026 for steps/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2026
    
    Date: 27-04-2026
    Business: As the Court is busy in hearing arguments in Suit No. 7466/1997, dictating a part-order in Commercial Suit 398/2024 and a part-judgment in Commercial suit 646/2024, the rest of the Civil board stands discharged.
    Matter stands adjourned to 22.07.2026 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2026
    
    Date: 22-07-2026
    Business: None present for the parties. The suit is inadvertently shown to be
    stayed as per roznama dated 27-04-2021. Infact it was posted for
    steps/dismissal. Today also DH and are advocate are absent and
    failed to take steps.
    Later on at 12.15 PM
    Adv. Balbheem Patil present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned to 17-08-2026 for steps/dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2026
    
    Date: 17-08-2026
    Business: None present.
    Kept back.
    Later on at 12.40 PM
    This is execution for recovery of amount. Record shows that after 06-05-2024 Decree Holder  has not taken any steps to proceed further with the Execution Proceeding. Abundant opportunity has been granted to the Decree Holder  to take effective and vigilant steps. Even the dates of choice of the advocate were given. Inspite of the Decree Holder  has not taken steps. On previous date there is specific mentioned in the roznama that the matter was posted for steps/dismissal.
              Today also the Decree Holder  and his advocate are absent inspite the matter was kept back and called twice. The Execution Petition is more than 10 yrs old. It seems Decree Holder has lost  interest in the proceeding. No purpose will be served by keeping the matter live on the board without the effective steps being taken by the Decree Holder. Hence, the proceeding is dismissed for want of steps.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101728/2018
    Filing Date: 01-04-2016
    First Hearing Date: 20th January 2018
    Decision Date: 17th August 2026
    Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    17 Aug 2026
    Order Details: Other
    Pdf Text: 17-08-2026
    Sr. No. 4
    EA 192/16
    CORAM :- H.H.J. SHRI RAMLING SHYAM KANADE(CR.85)
    None present.
    Kept back.
    Later on at 12.40 PM
    This is execution for recovery of amount. Record shows that after
    06-05-2024 Decree Holder has not taken any steps to proceed
    further with the Execution Proceeding. Abundant opportunity has
    been granted to the Decree Holder to take effective and vigilant
    steps. Even the dates of choice of the advocate were given. Inspite of
    the Decree Holder has not taken steps. On previous date there is
    specific mentioned in the roznama that the matter was posted for
    steps/dismissal.
    Today also the Decree Holder and his advocate are absent
    inspite the matter was kept back and called twice. The Execution
    Petition is more than 10 yrs old. It seems Decree Holder has lost
    interest in the proceeding. No purpose will be served by keeping the
    matter live on the board without the effective steps being taken by
    the Decree Holder. Hence, the proceeding is dismissed for want of
    steps.
    Judge
    -- 1 of 1 --
    Order 1
    17 Aug 2026
    Order Details: Other
    Pdf Text: 17-08-2026
    Sr. No. 4
    EA 192/16
    CORAM :- H.H.J. SHRI RAMLING SHYAM KANADE(CR.85)
    None present.
    Kept back.
    Later on at 12.40 PM
    This is execution for recovery of amount. Record shows that after
    06-05-2024 Decree Holder has not taken any steps to proceed
    further with the Execution Proceeding. Abundant opportunity has
    been granted to the Decree Holder to take effective and vigilant
    steps. Even the dates of choice of the advocate were given. Inspite of
    the Decree Holder has not taken steps. On previous date there is
    specific mentioned in the roznama that the matter was posted for
    steps/dismissal.
    Today also the Decree Holder and his advocate are absent
    inspite the matter was kept back and called twice. The Execution
    Petition is more than 10 yrs old. It seems Decree Holder has lost
    interest in the proceeding. No purpose will be served by keeping the
    matter live on the board without the effective steps being taken by
    the Decree Holder. Hence, the proceeding is dismissed for want of
    steps.
    Judge
    -- 1 of 1 --

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