Vinod R. Shah (Since Decease) Bhavna Vinod Shah and Ors.VsDinesh P. Mehta

Date: 28-02-2019
Business: Shri. O.P. Yadav, advocate for plaintiff present. As today is the first date in the matter, on request of Shri. Yadav, for taking further steps, adjourned to 12/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Shri. O.P. Yadav, advocate for plaintiff present. Shri. Yadav prays for issue of warrant of attachment u/o.XXI Rule 54 of CPC, without issue of notice stating that the exe.apaplication has been filed within two years of passing decree. He further states that the properties sought to be attached belongs to the defendant and are free from all the encumbrances. Hence, issue warrant as prayed for returnable on 12/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. Defendant present. Exe. Application marked as Exh.A (Colly).  Shri. Yadav  has tendered the original warrant u/o.XXI Rule 54 of CPC, alongwith non execution report pasted thereon, taken on record and marked as Exh.B. Shri. Defendant states that, he intends to take appropriate steps in the matter and in view of this, defendant is at liberty to take appropriate steps and certified copies if applied by the defendant are expedited. Shri. Yadav, seeks time to take further steps and on his request, adjd to 01/07/2019. Later on Shri. Dinesh Jain, third party appeared and he is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Parties and Advocate absent, adjd to  26/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. Defendant present. Shri. Yadav seeks time to take further steps. Defendant seeks time to file reply.  Hence, by consent, adjd to 05/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav, for taking further steps, adjd to 14/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav, for taking further steps, adjd to 21/09/2019. Later on Shri. Pankaj Das, advocate for the defendant and Shri. Dinesh Mehta, defendant appeared and they have been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2019

Date: 14-08-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav, for taking further steps, adjd to 21/09/2019. Later on Shri. Pankaj Das, advocate for the defendant and Shri. Dinesh Mehta, defendant appeared and they have been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. Shri. Pankaj Das, advocate for the defendant present. Plaintiff and defendant present. As Court is on leave, board discharged and adjd to 11/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. Shri. Pankaj Das, advocate for the defendant present. Shri. Yadav prays for issue of warrant of sale. Shri. Das states that the defendant is intending to file Appeal in the Honourable High Court and seeks time to file reply in the present exe.application. Hence, by consent, adjd to 19/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present. Shri. Dinesh Mehta, Defendant present. Shri. Yadav prays for issue of warrant of sale. However, Shri. Mehta seeks time to file reply stating that the copy of exe.application has not been served upon him. Shri. Yadav, undertakes to serve the copy upon the defendant within short period. Defendant is also at liberty apply for the certified copies of exe.application. Certified copies, if applied for by the defendant, are expedited. Defendant undertakes to file reply by next date, hence, by consent, adjd to 07/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Shri. O.P. Yadav, advocate for the Plaintiff present.
Shri. Pankaj Das, advocate for the defendant present.
Shri. Das seeks time to file reply and undertakes to file Vakalatnama by next date, stating that the copy of exe.application has been received today only.
Hence, by consent, for reply, adjd to 05/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Shr. O.P. Yadav, advocate for the plaintiff present.
Shri. Mohan Devkar, advocate for the defendant present.
Shri. Devkar seeks three weeks time to file Vakalatnama and reply, stating that the Senior is busy elsewhere and the defendant is also not well.
Shri. Yadav objects, however, on considering the ground narrated by the Shri. Devkar, fairly consents for short adjournment, by way of last chance to file reply.
Hence, by consent, adjd to 12/12/2019, for reply of the defendant by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Shri. O.P Yadav, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 06/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Shri.O.P. Yadav, advocate for the plaintiff present.
None for the defendant.
On request of Shri. Yadav, adjd to 08/01/2020.
Later on Shri. Mohan Devkule, advocate for the defendant appeared and he has informed about the todays roznama.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Shri. O.P. Yadav, advocate for the plaintiff present.
On request of Shri. Yadav, for taking steps, adjd to 15/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Shri. O.P. Yadav, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Shri. O.P. Yadav, advocate for the plaintiff present.
On request of Shri. Yadav, for taking further steps, adjd to 07/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Shri. O.P. Yadav, advocate for the plaintiff present.
Shri. Yadav has tendered application for amendment and affidavit in support of the same, t.o.r. and marked as Exh-C and D respectively.
Upon hearing Shri Yadav, amendment application allowed. Amendment be carried out as per rules and for taking further steps after amendment, on request of Shri Yadav, Adjourn to 21/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Shri. O.P. Yadav, advocate for the plaintiff present.
On request of Shri. Yadav, time to carry out amendment is extended till 17/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Shri. O.P. Yadav Advocate for plaintiff present.
On request of Shri Yadav matter adjd to 16/04/2020 by extending time to carry out amendment.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2020

Date: 26-11-2020

Date: 13-01-2021
Business: Parties and advocate are absent adjourned to 16/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Shri O.P. Yadav advocate for plaintiff present.
As Court is on leave, board discharged and matter adjourned to 01/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Shri O.P. Yadav advocate for plaintiff present.
Shri Yadav has tendered application for extension of time to carry out amendment, t.o.r. and marked as Exh.E.
Upon hearing Shri Yadav application (Exh.E) allowed.
Amendment be carried out on or before next dated.
On request of Shri Yadav matter adjourned to 20/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Shri Jay Yadav advocate for plaintiff present.
Shri Yadav has tendered application seeking extension of time to carry out amendment t.o.r. and marked as Exh.F.
Upon hearing Shri Yadav and upon perusing the application time to carry out amendment is extended till  16/04/2021.
Matter adjourned to 16/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Today being declared holiday, adjourned to 30/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 06/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Parties and advocate are absent adjourned to 22/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Shri Jay Yadav advocate for plaintiff present.
Shri Yadav has tendered application for extension of time to carry out amendment, t.o.r and marked as Exh.G.
Upon hearing Shri Yadav, time to carry out amendment is extended till next date i.e. 12/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Parties and Advocates absent.
Amendment is not yet carried out, hence, adjourned for disposal to 30/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Shri Narendra Gharat advocate for plaintiff present.
Today matter is kept for disposal on account of not carrying out amendment.
However, Shri Gharat earnestly request to grant one more extension to carry out amendment and considering his request, time granted to carry out amendment till 16/12/2021.
Matter adjourned to 17/12/2021, making it clear that on failure to carry out amendment by 16/12/2021, matter will be dismissed on 17/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Shri O.P. Yadav, advocate for plaintiff present.
Shri Yadav states that amendment has been carried out and seeks time to take further steps and on request of Shri Yadav  matter adjourned to 06/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Shri O.P. Yadav, Advocate for plaintiff present.
Shri Yadav states that amendment carried out in the exe.application to the effect that the residual sale proceeds out of the sale of the property in Exe.Application No. 49/2019, be paid over to the decree holder in the present execution application.
Shri Yadav further states that warrant of sale has already been issued in exe.application No.49/2019, and the same is under process.
Shri Yadav therefore prays that appropriate letter be issued to the office of Commissioner for Taking Accounts to include the claim of decree holder in the present exe.application in the sale proceeds out of the sale warrants issued in the exe.application No.49/2019.
In view of this exe.application is being disposed off by directing the office to issue appropriate letter accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-01-2022

Main Case No: SUIT/0105842/2005
Main Cnr: MHCC010063252004
Main Filing No: 111447

Filing Number: 101350/2019
Filing Date: 14-02-2019
First Hearing Date: 28th February 2019
Decision Date: 06th January 2022
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI