Date: 07-03-2018
Business: Mr. Kiran Bhange h/f Sangharsh Waghmare, Advocate for Plaintiff, present. Mr. M. Munaf Barmare, Plaintiff, present. The Execution Application is for execution of Decree dated 10/10/2016 passed by 3rd Co-operative Court in dispute No.CC/III/No.458 of 2000. The execution certificate dated 16/11/2017 is annexed as Exh. E to the Execution Application. The Execution Application is marked as Exh. A colly. Issue notice u/o. XXI R 22 before execution returnable on 05/06/2018.
Next Purpose: NOTICE
Next Hearing Date: 05-06-2018
Date: 05-06-2018
Business: Mr. Mohd Munaf Barmare, Plaintiff, present. Defendant Nos.2, 4 and 5 present. Plaintiff has tendered original notice u/o. XXI Rule 22 alongwith service report endorsed thereon by the Bailiff, the same is t.o.r. and marked as Exh.B. The Plaintiff has tendered the copy of Judgment dated 10/10/2016 in Dispute No.CC/III/No.458/2000 on the file of Co-operative Court No.3, Mumbai across the Bar to the Defendant No.1. Defendant No.1 seeks time to file reply. Hence, by consent adjd to 05/07/2018.
Next Purpose: NOTICE
Next Hearing Date: 05-07-2018
Date: 05-07-2018
Business: Plaintiff present. His advocate absent. None for defendant. Plaintiff seeks time to make an application for detention of defendants in Civil prison and on his request, adjourned to 09/07/2018.
Next Purpose: NOTICE
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Date: 31-07-2018
Business: Both the parties and advocate absent.
Adjourned to 13.12.2018 for steps.
LO
Plaintiff/DH present.
Adv Sangharsh Waghmare for DH present.
He filed application for detention of respondent no.2 to 5 t.o.r.
Already adjourned to 13.12.2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Adv. Sangharsh Waghmare for DH present. None present for JD.
DH filed application Exh. 2 for detention of respondent no. 2,3, 4 and 5. O - notice under order 21 Rule 22 served upon respondent/defendant no. 2 4 5 have taken time for filing say but not filed say hence writ petition is preceded further.
Execution department is directed to issue notice to defendant no. 2 to 5 why they did not be arrested and kept in Civil prison.
Adjd for compliance to 13.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Decree Holder Present.
Adv. Mr. Sangharsh Waghmare for Decree holder Present.
Judgment Debtor / Defendant nos. 2, 4 and 5 Present and filed reply to notice under order 21 Rule 22 of CPC is marked as Exh. 2.
ORDER Say filed.
Adjd to 19/06/2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: JD no. 2 and 4 present.
Adjd. to 20.08.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. for D.H. Mr. Siddharth Pimple present.
Deft. No. 2 present.
Deft. no. 2 filed submissions.
Adv. for plaintiff received copy of submission.
Matter is Adjd for argument on 30.09.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Plaintiff Mr.Mohd Munah present.
He stated that his adv is busy in another court.
Defendant no.2,4 and 5 present.
Exh 03 Defendant no.2 filed application for time of 2 months.
O-Other side to say
Matter is Adjd for Argument to 26.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: DH present.
Defendant no.2 present.
DH submitted written argument. T.O.R.
Defendant no.2 stated that he has received copy of written argument.
Matter is Adjd for Argument to 09.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv for plaintiff Mr.Birajdar present.
Deft no.2 present.
Exh 04 Adv for plaintiff filed VP. T.O.R.
Defendant no.2 filed reply to written notes of argument filed by DH.
Adv for plff. stated that he has received copy of reply filed by deft no.2.
Exh 05 Deft no.2 filed application to consider written argument as oral arguments. O-Application Allowed.
Matter is Adjd for Oral Arguments of DH if any to 12.02.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv for plaintiff Mr.Birajdar present.
Deft no.2 in person Mr.Ravi Shirvaikar present.
Respondent No.2 present.
Heard Argument of Adv for DH and deft no.2.
Matter is Adjd for Order to 27.02.2020.
Next Purpose: ORDER
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: None for the Plaintiff.
Defendant present.
Matter is Adjd for Order to 29.02.2020
Next Purpose: ORDER
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Daily Board,
None present for plaintiff.
Defendant no.2 present.
Matter is Adjd. for order on 04.03.2020.
Next Purpose: ORDER
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: None present.
F.R.S.R. Following order is passed
1. Respondent society is directed to refund the amount collected by it of Rs.46,746.64 and Rs.68,619.30 as per the notice dated 10.04.2000. (Exh C) from applicant.
Matter is Adjd for Compliance to 27.04.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: National Lockdwon
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.Matter adjd to 27.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present.
Adjd for compliance on 19.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Business: In view of Circular no.106/2021 dated 14/6/2021, all Courts shall remain closed on every Saturday, hence matter of 19/6/2021 is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
The matter is adjd to 01.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None present.
Matter stands adjourned to 30.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present.
Matter stands adjourned to 17.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Court is on leave. Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Matter called out at 4.35 p.m.
None present.
Matter stands adjourned to 26.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Plaintiff absent.
Defendant present.
Matter stands adjourned to 14.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: DH and his advocate absent.
JD no.2 in person present.
Letter a/w copy of cheque received from correspondence Dept In. No.6481 dated 17.06.2021. TOR. Exh.06-colly.
Secretary of JD society Ravi Shirvaikar is present. He submitted that as per the order dated 04.03.2020 of this Court, they have refunded the amount of Rs.1,15,365.94/- to the plaintiff by cheque dated 22.03.2021 and it was credited to the account of DH on 08.04.2021.
Therefore the Execution is fully satisfied.
DH absent since 27.08.2020.
It seems that after receiving the decretal amount under the execution, the DH had no interest to proceed with the matter and hence, remained absent continuously.
Therefore, Execution Application No.37/2018 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 14-07-2022
