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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

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Bombay 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

2
Final Order 1
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 1
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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