Mrs. Shashi Venkatesh MaheshwariVsVikas R. Ruparelia

Date: 27-02-2019
Business: Parties and Advocate absent, adjd to 12/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Ms. Manasi Pandit, advocate for plaintiff present. On request of Ms.Pandit issue notice u/o.XXI Rule 22 of CPC, returnable on 15/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Ms. Manasi Pandit, advocate for the plaintiff present. On request of Ms. Pandit, for completing service,adjd to 17/6/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Ms. Sadhana Gupta, advocate for the Plaintiff present. On request of Ms. Gupta, for completing service, adjd to 03/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Parties and Advocate absent, adjd to  25/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Ms. Sadhna Gupta, advocate for the Plaintiff present. Shri. Arshil Shal, advocate for the defendant present. Shri. Shah states that First Appeal (ST) No. 14348/2018, preferred by the defendant is pending in the Honourable High Court, Bombay. In view of this, by consent, adjd to 09/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Ms. Manasi Pandit, advocate for the Plaintiff present. Ms. Jainee Shah, advocate for the Defendant present. Ms. Shah has tendered copy of order date 25/07/2019, passed by the Honourable High Court in Civil Application No. 149/19 in First Appeal (ST) No. 14834/2018, kept in R and P. By consent, adjd to 09/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Ms. Jaini Shah, advocate for the defendant present.
None for the plaintiff.
Ms. Shah undertake to file Vakalatnama and reply on next date, stating that the Appeal filed by the defendant in the Honourable High Court is pending.
Hence, on request of Ms. Shah, adjd to 29/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Ms. Jaini Saha advocate for defendant present. None for plaintiff present.
On request of Ms. Saha for filing vakalatnama and reply Adjd to 24/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: In view of Office Order No.67 of 2020 issued in pursuance Circular dated 20/03/2020 issued by Honourable High Court, Bombay, matter is adjd to 23/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Parties and advocate are absent adjourned to 03/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Parties and advocate are absent adjourned to  31/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 16/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: In view of declaration of Holiday vide Office Order No.213 of 2021, adjourned to 27/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Parties and advocate absent adjourned to 05/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: Shri Shawn Fernandis, Advocate for Plaintiff present.
None for defendant.
On request of Shri Fernandis, for compliance of order dated 12/03/2019, in respect of issuance of Notice, adjourned to 05/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: As Court is on leave, board discharged and matter adjourned to 25/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Shri Jitendra G. Damani, Advocate for plaintiff present.
None for defendant.
Exe.application marked as Exh.A(Colly.).
Shri Damani tendered affidavit of service t.o.r and marked as Exh.B.
Shri Damani states that though the defendant has preferred Appeal in the Honourable High court, no stay has been granted by the Honourable High Court and he states that he will file appropriate affidavit stating therein factual aspect of the Appeal on next date.
Hence, on request of Shri Damani, adjourned to 02/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Ms. K.M. Bhatia, advocate for plaintiff present.
None for defendant.
On request of Ms. Bhatia, matter adjourned to 06/05/2022 for filing of affidavit of facts to proceed further.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Ms. Shashi Maheshwari plaintiff present.
Her advocate absent.
None for defendant.
Plaintiff has tendered affidavit in regards to status of appeal, t.o.r and marked as Exh.C.
Plaintiff states that she is not able to make proper submissions and hence, matter adjourned to 14/06/2022, requesting plaintiff to keep her advocate present on next date.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Ms.Pandit, Advocate for plaintiff present.
Shri Rasesh Shah h/f. Arshil Shah, Advocate for defendant present.
Shri Shah seeks time to file reply and undertake to file Vakalatnama for defendant on next date.
Ms.Pandit objects.
However, in the interest of justice, short adjournment is granted by way of last chance for defendant to file, by adjourning the matter to 28/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Shrri Jitendra Damani advocate for plaintiff present.
Shri Resesh Shah advocate for defendant present.
Shri Shas has tendered vakalatnama of Arshil Shah advocate for defendant t.o.r and marked as Exh.D.
Shri Shah seeks time to file reply to which Shri Damani objects.
However, in the interest of justice short adjournment is granted by way of last chance for defendant to file reply by adjourning the matter to 05/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Shri Dharmendra Damani advocate for plaintiff present.
Ms. Harshita Desai advocate for defendant present.
Ms. Desai, seeks adjournment to file reply.
Shri Damani strongly objects.
Ms. Desai, requests for keeping back the matter for some time to take instructions for her senior.
LO
Shri Dharmendra Damani advocate for plaintiff present.
Shri Rashish Shah, with Ms. Harshita Desai advocate for defendant present.
Shri Shah seeks time of two weeks to file reply to which Shri Damani strongly objects and request that shorter adjournment may be granted for no reply order.
After hearing the arguments of Shri Damani, Shri Shah submits that matter be kept on 08/07/2022, on which date he will file reply and will serve the copy of reply in advance to advocate for plaintiff.
Hence, by consent for reply of defendant matter adjourned to 08/07/2022, making it clear that on failure to file reply on that date appropriate order will be passed.
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Plaintiff present.
Ms. Smita Durve advocate for defendant present.
Ms. Smita Durve has tendered affidavit in reply of defendant t.o.r and marked as Exh.E.
Copy of reply has been served upon plaintiff across the bar.
Plaintiff states that her advocate is not well and hence by consent, adjourned to 25/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Ms. Pandit, advocate for plaintiff present.
Ms. Smita Durve advocate for defendant present.
Ms Pandit prays for taking further steps.
Ms. Durve states that First Appeal is being circulated on 22/08/2022, on which date she will pray for grant of stay and seeks adjournment beyond that date.
Ms. Pandit objects, however, in the interest of Justice, by consent, matter adjourned to 29/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Ms. Shreya Sardal, advocate for plaintiff present.
Ms. Harshada Desai, advocate for defendant present.
Ms.Desai, states that conditional stay order has been passed by the Honourable High Court, Bombay, on 27/07/2022 in Civil Application No.150/2019, in First Appeal (ST.) No.14834/2018, and has tendered copy of the said order, kept in R and P.
Ms. Desai, further states that the conditions imposed vide clause 2 of the said order has been complied with on 01/08/2022 and 22/08/2022 and has tendered copies of praecipes addressed to the Registrar High Court Appellate Side Mumbai, with the copies of Cheques amounting to Rupees 1,41,750/-, and Rs. 1,28,065/-, respectively, enclosed therewith, kept in R and P.
In view of the stay order and as the matter is posted on 14/09/2022, in the Honourable High Court, by consent matter adjourned to 03/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Ms. Shreya Sardal, advocate for plaintiff present.
Ms. Smita Durve, advocate for defendant present.
Both the advocates states that Honourable High Court has granted the stay and seek longer adjournment and hence, by consent matter adjourned to 19/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Parties advocates absent matter adjourned to 04/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Shri Rajesh Shah, Advocate for defendant present.
None for plaintiff.
Shri Shah, states that the stay granted by Honourable High Court s in force and hence, on request of Shri Shah, matter adjourned to 27/04/2023.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Shri Amit Sathe advocate for defendant present.
None for plaintiff.
Shri Sathe seeks longer adjournment, stating that stay granted by the Honourable High Court is in force and on his request, matter adjourned to 15/07/2023.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: Parties and Advocate absent, adjourned to 16/09/2023.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: As Ld. I/C Registrar is busy at Mazgaon Court with the Honourable Principal Judge, board discharge and matter adjourned to 04/11/2023.
Next Purpose: FOR___________________
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Parties and Advocate absent adjourned 20/01/2024.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: Parties and Advocate absent.
It appears that the stay granted by Honourable High Court is in force and hence, as none appeared, matter adjourned 30/03/2024.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Parties and Advocate absent.
It appears that the stay granted by the Honourable High Court is in force and as none appeared, adjourned to 06/07/2024.
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Parties and Advocate absent.
It appears that First Appeal(St.)No.14834/2018, is pending in the Honourable High Court wherein stay has already been granted and hence, as none appeared matter adjourned to 21/09/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Parties and Advocates absent.
As the appeal filed in the Honourable High Court is pending, wherein stay has been granted and as none appeared, matter adjourned to 07/12/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Parties and Advocates absent.
Record shows that First Appeal No.951 of 2022 was filed before the Honourable High Court and on perusing the status of the matter on the official website of Honourable High Court, it revealed that the said First Appeal No.951 of 2022 came to be dismissed vide order dated 10/09/2024.
However, as none appeared for plaintiff, matter adjourned by way of last chance to 15/02/2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: As court is on leave, board discharged, matter adjourned to 28/03/2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: Parties and Advocate absent.
Record shows that despite granting several adjournment, none appeared. Hence matter adjourned to 21/06/2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: Parties and advocate absent.
No steps taken.
Matter adjourned to 20/09/2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Parties and advocate absent.
Record shows that as per order dated 10/09/2024 First Appeal No. 951/2022 is dismissed by Hon. High Court.
Despite present matter kept for dismissal none appeared.
Hence matter be put up before Hon. Principal for reassignment.
Matter adjourned to 18/10/2025 for further directions of Hon. Court.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 17.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder is given last chance to take the steps.
Matter is adj to 29.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties are absent.
Kept back.
Order below Exh-1
Perused roznama. It appears that decree holder has filed present Execution application against judgment debtor.  Further, present execution proceeding was stayed vide First Appeal(St.) No.14834/2018. However, roznama dated 07.12.2024 shows that First Appeal No.951/2022 is dismissed vide order dated 10.09.2024. Thereafter, matter was adjourned for directions on 15.02.2025, 28.03.2025. As decree holder fails to take steps, it is listed for dismissal order on 21.06.2025, 20.09.2025.  Matter is referred to this court on 18.10.2025 and it was adjourned for taking steps on 17.11.2025. On 17.11.2025, decree holder was given last chance to take the steps. Decree holder fails to take the steps. It appears that decree holder is not interested in conducting the matter. Hence, Execution Application No.45 of 2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-11-2025

Main Case No: SUIT/0103588/2012
Main Cnr: MHCC010143442012
Main Filing No: 111447

Registration Number: 100045/2019
Transfer Date: 20-09-2025
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 81 - COURT 81 ADDL. SESSIONS JUDGE

Filing Number: 101735/2019
Filing Date: 11-02-2019
First Hearing Date: 27th February 2019
Decision Date: 29th November 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE