EXECUTION APPLN
SMT. SANTOSHI SANTOSH ADELKARVsMRS. PRANALI PRAKASH ADELKAR AND ORS.
CNR MHCC01001667201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th March 2024
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 100379/2017
- Registration Date
- 11 Sept 2017
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec ASSIGNMENT
Case History / Proceedings
Case History
Date: 01-02-2018 Business: By Precipe. Adv. Sagar Talekar for Deft.no.1 and 2 present. Draft NM for stay to the execution of decree tendered by Deft. Heard argument of Deft. Adj for order on NM to 02.02.2018. Next Purpose: NM ORDERS Next Hearing Date: 02-02-2018 Date: 02-02-2018 Business: Both parties and Adv. are absent. FRSR following order is passed. ORDER 1. Execution and operation of warrant of attachment dtd. 5.12.2017 under order 21, rule 32 (1) and under order 21 rule 48 of Code of Civil Procedure is hereby stayed till the appearance of plaintiff in this notice of motion upon depositing of security amount of Rs. 1,75,000/- by the defendant. 2. Leave is hereby granted to register the notice of motion and defendant is directed to serve the copy of notice of motion on plaintiff. Adj to 12.02.2018 for production of NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 12-02-2018 Date: 12-02-2018 Business: Both parties and advocates are absent. Adjd to 27.02.2018 for NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 27-02-2018 Date: 27-02-2018 Business: Adv. Redekar for plff present. Adv. Sagar Talekar for Deft present. Registered NM no.524/18 tendered by Deft. Plff submitted that copy of NM is received. Adj for reply on NM to 26.03.2018. Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-03-2018 Date: 26-03-2018 Business: Adv. Redekar for plff present. Adv. Rikame for deft present. K.B. L.O. Appln. filed by deft.no.1 and 2. Say endorsed by plff on Exh.3. K.B. for order. L.O. Order below Exh.3. Heard argument of both parties. Ld.Adv for plff showed no objection for release of attachment. However he prayed for issuance of directions to take effective steps for withdrawal of complaint and mutating name of plff to the shop. Hence following order. ORDER 1. Permission is granted to the plaintiff to withdraw an amount of Rs.1,50,000/-. 2. Order of attachment of salary stands vacated. 3. Salary of defendant is hereby released from attachment. 4. Defendant is directed to take necessary steps for withdrawal of complaint and entering the name of defendant to shop as per consent terms dtd.16.10.2015. Adj to compliance to 20.04.2018. Next Purpose: COMPLIANCE Next Hearing Date: 20-04-2018 Date: 20-04-2018 Business: Adv. Redekar for decree holder present. Adv. Talekar for Resp present. With consent of both parties, adj to 13.07.2018 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 13-07-2018 Date: 13-07-2018 Business: Judgment debtor is present. Adv. Redekar for Decree holder present. Adv. for deft. absent. On oral request time granted to comply the remaining conditions of the consent terms. Matter adjd to 21.8.2018 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-08-2018 Date: 21-08-2018 Business: Both the parties and adv absent. Matter adjd to 26.10.2018 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 26-10-2018 Date: 26-10-2018 Business: Adv. for pltff absent. Adv. K.G. Rikame for deft. present. Matter adjd to 21.12.2018 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-12-2018 Date: 21-12-2018 Business: Pltff present. Adv. for pltff absent. Mr. Prakash Adelkar husband for deft present. Adv. for deft. absent. Matter adjd to 29.1.2019 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 29-01-2019 Date: 29-01-2019 Business: Adv. Redekar for Decree holder present. Mr. Prakash Adelkar, Judgment debtor no. 2 present. Adv. for deft. absent. Matter adjd to 28.2.2019 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 28-02-2019 Date: 28-02-2019 Business: Adv. for pltff absent. Adv.K.J. Rikame for deft. present. He submitted that they paid the amount to BMC Matter adjd to 26.3.2019 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 26-03-2019 Date: 26-03-2019 Business: Adv. Mr.Redekar for Plaintiff/ decree holder present. Adv. Mr. K.G. Rikame for Defendant nos. 2 and 3 present. At request of both side adjd for steps. Matter is adjd.for steps on 27.06.2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 27-06-2019 Date: 27-06-2019 Business: None for plaintiff present. Adv. for defendant absent. Mr. Prakash Adelkar, deft is present. Matter is adjd. for steps on 03.08.2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-08-2019 Date: 03-08-2019 Business: None present. Matter is adjd.for steps on 16.11.2019. Next Purpose: FOR TAKING STEPS Next Hearing Date: 16-11-2019 Date: 16-11-2019 Business: None present. Adjd. for steps to 8/1/2020. Next Purpose: FOR TAKING STEPS Next Hearing Date: 08-01-2020 Date: 08-01-2020 Business: Court is on leave. Next Purpose: FOR TAKING STEPS Next Hearing Date: 31-01-2020 Date: 31-01-2020 Business: Both the parties and their advocates are absent. Adjourned for NM hearing to 17.03.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 17-03-2020 Date: 17-03-2020 Business: As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020. Matter adjd for NM hearing to 15-06-2020 at 2.45 pm. Next Purpose: NM FOR HEARING Next Hearing Date: 15-06-2020 Date: 15-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2020 Date: 17-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 20-10-2020 Date: 20-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 07-01-2021 Date: 07-01-2021 Business: Nobody present. Adjd for NM hearing to 03/04/2021 Next Purpose: NM FOR HEARING Next Hearing Date: 03-04-2021 Date: 03-04-2021 Business: Court is vacant Next Purpose: NM FOR HEARING Next Hearing Date: 25-06-2021 Date: 25-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 17-07-2021 Date: 17-07-2021 Business: Due to COVID-19 matter adj. to Next Purpose: NM FOR HEARING Next Hearing Date: 30-08-2021 Date: 30-08-2021 Business: Adv. Mr. Redekar for Plaintiff present. None present for Defendant. Matter adj. to 15/11/2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-11-2021 Date: 15-11-2021 Business: Court is Vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 17-01-2022 Date: 17-01-2022 Business: Court is Vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 07-03-2022 Date: 07-03-2022 Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 11-04-2022 Next Purpose: NM FOR HEARING Next Hearing Date: 11-04-2022 Date: 11-04-2022 Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO Next Purpose: NM FOR HEARING Next Hearing Date: 20-06-2022 Date: 20-06-2022 Business: Adv Benny Joseph, Adv Nikunj Mehta and Adv Pallavi Kamaath I/b BJ Law office LLP for plff DH None for def JD Matter is adjd on 26.08.2022 for NM Hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 26-08-2022 Date: 26-08-2022 Business: Matter called out at 3.04 pm None for plff None for Defendant Matter is adjd on 12.10.2022 for NM Hrg Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: Matter called out at 3.07 pm Adv S.S.Redekar for plff DH present None for defendant Adv for plff seeks time to take instructions about the settlement between the parties. Matter is adjd on 09.12.2022 for NM Hrg Next Purpose: NM FOR HEARING Next Hearing Date: 09-12-2022 Date: 09-12-2022 Business: None present Matter is adjd on 03.02.2023 for NM Hrg Next Purpose: NM FOR HEARING Next Hearing Date: 03-02-2023 Date: 03-02-2023 Business: None present for both parties. Matter is adjd on 13.04.2023 for Nm hearing. Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2023 Date: 13-04-2023 Business: Matter called out at 2.59 pm None for plaintiff None for defendant Matter is adjd on 01-07-2023 for Nm hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 01-07-2023 Date: 01-07-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) As court is busy passing the order in other matter hence, second session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar. Matter is adj to 10/08/2023 for hearing on N/M. Next Purpose: NM FOR HEARING Next Hearing Date: 10-08-2023 Date: 10-08-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Both parties are absent. The plaintiff is also absent since 26/08/2022 it shows that plaintiff is not interested to proceed with the matter, hence keep for dismissal order. Matter is adj to 24/11/2023 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 24-11-2023 Date: 24-11-2023 Business: PO IS ON LEAVE Reason For Adjournment: court time is over Next Purpose: DISMISSAL Next Hearing Date: 13-12-2023 Date: 13-12-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. kept back. Matter called out at 4.13pm None present. On last date it was observed that the plaintiff was absent since 26/08/2022. However record shows that on 12/10/2022 the advocate for plaintiff was present. Hence plaintiff is granted last chance to take the steps. Matter is adj to 16/03/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 16-03-2024 Date: 16-03-2024 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. kept back. Matter called out at 5.21pm None present. Plaintiff failed to take the steps and applicants in N/M No.524/18 also failed to proceed with N/M hence EA No.379/17 and N/M No.524/18 is dismissed for want of prosecution. Nature Of Disposal: DISMISSED Disposal Date: 16-03-2024
Additional Case Details
Additional Case Details
Filing Number: 101875/2018 Filing Date: 11-09-2017 First Hearing Date: 01st February 2018 Decision Date: 16th March 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 116 Mar 2024
16 Mar 2024
Order Details: Other Pdf Text: 06,13 16/03/2024 EA 379/17 NM 524/18 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. kept back. Matter called out at 5.21pm None present. Plaintiff failed to take the steps and applicants in N/M No.524/18 also failed to proceed with N/M hence EA No.379/17 and N/M No.524/18 is dismissed for want of prosecution. Judge -- 1 of 1 --
Order 116 Mar 2024
16 Mar 2024
Order Details: Other Pdf Text: 06,13 16/03/2024 EA 379/17 NM 524/18 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. kept back. Matter called out at 5.21pm None present. Plaintiff failed to take the steps and applicants in N/M No.524/18 also failed to proceed with N/M hence EA No.379/17 and N/M No.524/18 is dismissed for want of prosecution. Judge -- 1 of 1 --
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