Skip to main content
EXECUTION APPLN

DR. MANULADEVI MISTRY AND TWO ORS.VsSUBHADRA S. MISTRY +4 more

CNR MHCC0100201820181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 05th September 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100019/2018
Registration Date
20 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec ASSIGNMENT

    Case History / Proceedings

    Case History
    Date: 09-02-2018
    Reason For Adjournment: court time is over
    Next Purpose: FOR___________________
    Next Hearing Date: 14-02-2018
    
    Date: 14-02-2018
    Business: By precipe.
    Adv. Sigarla for D.H./pltff present.
      Heard and perused the plaint.
     In view of urgency, the suit is now assigned to C.R.No.1.
     Plaintiff is directed to remove the office objections within 4 weeks from today.
       On request of Adv. Sigarla, adjd for hearing on 15.03.18.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2018
    
    Date: 15-03-2018
    Business: Adv. Sigarla for D.H./pltff present.
    None for J.D.
      Issue notice to J.D. returnable on 09.04.18.
      Call report of Court Receiver.
    Adjd for report of Court receiver and hearing on 09.04.18.
    Next Purpose: HEARING
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: Adv. Sigarla for D.H./pltff present.
    D-1(b) present and submitted that D-1(a) his  mother of 94 years age and unable to attend the Court and D-1(c) is his brother residing at U.K. He submitted that they both are aware of the present execution application being filed.
    D-2(a) Manisha Mehta in person present.
    D-2(b) present.
      D-3 and 5 deleted.
    D-4,6 present.
    Adv. Prerna Kshirsagar I/B Adv. Manoj Bhat for D-2(b) present.
     Except D-1(b) and D-2(b), everybody including plaintiff submitted that there is no possibility of feasible partition in pursuance to the decree.
      In view of the said, D-1(b) and D-2(b) and the Court Receiver to file their respective report/proposal clarifying as to whether in pursuance to decree partition of the suit properties can be divided and distributed in 6 equal shares/parts.
       Mr. Mohammediqbal Hussain Kazi attached to office of Court Receiver present.
    Adjd for report of Court receiver and proposal from any J.D. regarding the partition in pursuance to
    Next Purpose: REPORT
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Adv. Mr. Sunil Gangan for decree holder present.
    Adv. Ankit Rajput for J/D-1c present.
    Judgment debtor no. 1b and 2b present.
    Report of the court received yet not received. Court receiver is directed to make valuation of the properties which are for partition and submit the report without fail on or before next date. Defendants are also directed to give their proposal on their side so as to give fruits of the decree to all parties.
    Matter adjd to 20.06.2018 for report.
    Next Purpose: REPORT
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Adv. Mr. Seegarla for Decree Holder present.
    Adv. Mr. Ankit  Rajput for Judgment Debtor No.1(c).
    Deft. Nos.1(b) and 2(b) present.
    Ms.Priti Pawshe, Representative of Court Receiver, High Court, Bombay present and submitted report. T.O.R. and marked at Exh.3.
    Perused report of the Court receiver. It appears that as a suit is decreed for partition and parties to the suit are family members except Judgment Debtor No.2(a).  Then  in the interest of parties, it is just to give directions to Decree Holder, Judgment Debtors except Judgment Debtor No.2(a) to obtain Government valuation in respect of the suit properties from Sub Registrar office and place the same before the Court Receiver.  Further simultaneously it is directed to Adv. for the Decree Holder and Judgment Debtor, independently obtain valuation of the suit properties from any Architect/Valuer and it be placed before Court Receiver.
              It appears that there is issue in respect of collection of rent from legal representatives of deceased  Deft. No.1.  It is directed to Court Receiver to collect rent including arrears of the rent  from legal heirs of deceased Deft. No.1 and continue in future also till disposal of execution.   Legal heirs of deceased deft. no.1 are directed to pay arrears of rent and in continuation pay the rent to Rent collector without fail.
              Court Receiver is directed to place before the Court above reports of Decree Holder and Judgment Debtor.
    Matter adjd. to 06.07.2018  for report from Court Receiver.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Adv. Mr. Sigarla for the Plaintiff present.
    Adv. Mr. Anket Rajput for Defendant no. 1c present.
    Deft no. 1b in person present.
    None present for deft no. 2b.
    Matter is adjd. to 19.07.2018 for Awaiting report from court commissioner.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Adv. Mr. Sigarla for the decree holder present.
    Adv. Mr. Ankit Rajput for Defendant no. 1a and 1b present.
    Ms. Priti Pawshe representative of court receiver, High Court, Bombay present.
    Report of adv for deft no. 1b (valuation report) tendered by court receiver. t.o.r.
    Matter is adjd. to 20.08.2018 for any proposal for settlement from both side on the basis of valuation report.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Adv. Mr. Sunil Gangan for the decree holder present.
    Adv. Mr. Ankit Rajput for J/D nos. 1c present.
    Deft nos. 1b and 2b are in person present.
    Matter is adjd. to 4.09.2018 for further steps by the decree holder/settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    
    Date: 10-12-2018
    Business: Court is busy in other matters on the board. Hence, board is discharged.
    Matter is adjd. to 28.2.19 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: NOB TOB
    Adv. Mr. Sigarla for the decree holder present.
    Adv. for Defendant 1a to 1c and 2d present.
    Mrs. K. Y. Ambekar, 1st Asstt. To Coure receiver present.
    Report no. 338/18 tendered by court receiver, after opened it from sealed envelope. t.o.r.
    Report no. 346/18 tendered by court receiver. t.o.r Ms. Zina Khan is a Highest bidder present. Highest offer of Rs.3,50,00,000/- given by Ms. Zina Khan is not accepted, as it is below the reserve price. Last advertising charges shall be reimbursed to the plff from the suit account.
    Parties are directed to pay amount of professional fees of Mr. Kini and company of Rs.75000/- with GST, as per their shares to the court receiver and then court receiver to make payment to the valuer.  The plff is directed to pay costs of this report Rs.3000/-
    Now one opportunity be given by private treaty and thereafter made a fresh publication. Parties to bear expenses for the same as per their shares.
    Already matter is adjd. to 28.02.2019.
    Next Purpose: REPORT
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Resumed.
    Adv. S. M. Sigrala for DH and Adv. Ankit Rajput for 1(a), (b), (c) 2(b) JD are present.
    Both the adv. submits that there are some private persons who may offer.  The section officer, the office of Court Receiver High Court Bombay submits that three persons have taken inspection of the flat premises and other premises.  She seeks time to submit report regarding inspection of remaining two premises.  Both the Ld. Advocates seek time till 12.03.2019.
    Adjd for private offers if any to 12.03.2019 at 4.30 p.m.
    Next Purpose: REPORT
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Resumed.
    Adv. Sigrala for DH and Adv. Ankit Rajput for JD No. 1 (a to C) and 2(b) are present.
    None present for the Court Receiver High Court Bombay. The Ld. Advocate for JD submits that the property should not be disposed off at a lesser price.  It should be sold for the market value.  On Last date the section officer of the Court Receiver submitted that three persons had taken inspection of the premises.  The section officer was directed to submit report regarding remaining two properties also.  The Court Receiver High Court Bombay is directed to submit the report on or before 15.03.2019. The advocate for DH is directed to intimate this order to the Court Receiver High Court Bombay in writing.
        An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
    
    Adjd for report of Court Receiver and for private offers if any to 15.03.2019.
    Next Purpose: REPORT
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Resumed.
    The P.O. is busy in hearing ad-interim arguments in Suit No. 650/2019 and 588/2019.  For want of time the board is discharged.
    Adjd for report to 16.03.2019.
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Resumed.
    Adv. Sigrala for DH, Adv. Ankit Rajput for JD 1 (a to c) and 2(b) are present.
    The Ld. First Assistant of the Court Receivers office submits that the inspection of the property has been given.
          Both the Ld. Advocate submit that earlier the offer made by the prospective purchaser was not accepted by the Ld. Predecessor as it was below the reserve price. Both the Ld. Advocates submit that the said Ms. Zina Khan wishes to improve her offer.
            Adv. Sigrala for DH submits that the DH are ready and willing to the offer made by Ms. Zina Khan today.
    On the other hand, the Ld. Adv. Rajput for JD by relying on the report of valuer Mr. Kini objected for such offer on the ground that the property will fetch better price.
            The offerer Ms. Zina Khan is present in the Court. She submits that she does not wish to improve her offer than that which she had given earlier and which was not accepted by the Ld. Predecessor of this Court.
           Adv. Sigrala for DH submits that the offer given by Ms. Zina Khan may be accepted considering the report of valuer Mr. Kini as there are no offerers coming forward.
    
           On the other hand, Adv. Rajput submits that apart report of Mr. Kini the earlier reports placed on record by the DH and the JD show much better price of the property and therefore, the bid should not be accepted at such a lower price.  He further submits that there are many persons who inquired in response to the advertisement given on line.
             On the other hand Adv. Sigrala submits that though then inquired only two persons came forward for inspection.  Ms. Ambekar Ld. First Assistant to Court Receiver submits that no official offer has been received in the office of Court Receiver.  According to her Ms. Zina Khan is adjoining resident of the said flat and has given offer  subsequently.
            Considering the paradox, it is necessary to direct the Ld. Court Receiver to conduct auction a fresh in respect of the flat at Malbar Apartment by publishing notices in widely circulated news papers in English, Marathi and Gujarati languages for conducting auction.  The respective DH and JD, not being at consensus, are directed to deposit Rs. 25,000/- each branch in the office of Court Receiver for the purpose of publication of advertisement and allied expenses as early as possible and not later than a period of two weeks from today.  The matter is expedited.  The Court Receiver is directed to arrange the schedule of auction accordingly.  The respective parties should co-operate to the Ld. Court Receiver in conducting auction.  The Court Receiver to submit report regarding two other properties on next date.
    Adjd for report to 10.06.2019.
    Next Purpose: REPORT
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. Sigarla for plaintiff present and tendered draft NM.  Leave is granted to register the NM.
    Mr. A. B. Malvankar section officer  from Court Receiver present.
    Court is busy in other matters, hence board is discharged.
    Adjourned for report to 21.6.2019.
    Next Purpose: REPORT
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. Shikhre for plaintiff present.
    Adv. Ankit Rajput for defendant nos.  1a, 1b, 1c and 2(b) present.
    Registered NM No. 2107/19 tendered by the plaintiff.  TOR.
    Mr. A. B. Malvankar section officer from Court Receiver present.
    Court Receiver filed Court Receivers report bearing no. 106/19 in respect of auction of the property.
    O-Call say of the parties on the report.
    Court Receiver filed Court Receivers report bearing no. 108/19 in respect of auction of the i.e.  Mistry hospital and Jambhulwadi property.
    Order below Court Receivers report bearing no. 108/19
    On perusal of the report it reveals that in response to the public notice of the auction of the above said properties, offers were not received and therefore the auction could not be carried out.  Court receiver is directed to carry out fresh auction for the above said properties by duly publishing the notice of the auction in widely circulated English, Marathi and Gujrati news papers.   The parties i.e. Decree Holder and Judgment Debtor to deposit the necessary charges for the publication of notice  and the other charges in proportion of to their share for carrying out the auction, within a period of two weeks from today. The parties are directed to deposit the amount of Rs. 2,04,500/-towards professional charges of the valuer M/s Shrinivas Kini and company in proportion of to their shares.   On deposit of the said amount by the parties, the Court Receiver to make the payment in terms of prayer clause b to M/s Shrinivas Kini and Co. towards professional fees.  The cost of the report be appropriated from the funds of the State lying with the Court Receiver in accordance with law.  Accordingly the report is disposed of.
    ___________________________________________
    Adjourned for reply on Court Receivers report No.106/19 and report in respect of other two properties and reply to NM to 10.7.2019.
    Next Purpose: REPORT
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. Sunil Gangan with Adv. Sigarla for plaintiff no. 2 present.
    Mr. A. B. Malvankar section officer from Court Receiver present.
    Adv. Ankit Rajput for defendant nos.  1a, 1b, 1c and 2(b) present.
    Reply filed by defendant no. 1(b) to the Court Receiver\''s report no.106/19. Plaintiff also filed reply to Court Receiver\''s report on report itself.
    Meanwhile parties are directed to deposit the valuation charges as per order dated 21.6.2019.
    Adjourned for hearing on Court Receiver\''s Report no. 106/2019 to 16.7.2019.
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Sunil Gangan with Adv. Sigarla for plaintiff no. 2 present.
    Mr. A. B. Malvankar section officer from Court Receiver present.
    Adv. Ankit Rajput for defendant nos.  1a, 1b, 1c and 2(b) present.
    Heard Ld. Advocate for plaintiff no. 2, advocate for defendant nos. 1a, 1b, 1c and 2(b) and Court Commissioner.
    Adjourned for order to 20.7.2019.
    Next Purpose: ORDER
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: Adv. Sigarla for plaintiff no. 2 present.
    Adv. Ankit Rajput for defendant nos. 1a, 1b, 1c and 2(b) present.
    Court is busy in other matters.
    Adjourned for order to 22.7.2019.
    Next Purpose: ORDER
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Adv. Sigarla for plaintiff no. 2 present.
    Defendant no. 1(b) present.
    Adv. Ankit Rajput for defendant nos. 1(a), 1(b), 1(c) and 2(b) present.
    FRSR following order is passed on Notice of Motion No. 2107/2018.
    Notice of Motion No. 2107/2018 is rejected.
    ________________________________________________
    Report of Court Commissioner bearing No. 106/2019 is disposed of accordingly.  Decree Holder is directed to pay the cost of report bearing no. 106/19.
    Adjourned for steps to 13.9.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. Sigarla for DH present.
    Adv. Ankit Rajput for defendant nos. 1(a), 1(b), 1(c) and 2(b) present.
    Parties seeks time.
    Adjourned for hearing to 8.11.2019.
    Next Purpose: HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Sigarla for DH present.
    Adv. Ankit Rajput for JD present.
    The Ld. Advocate for the JD seeks time.
    Adjourned for hearing to 21.11.2019.
    Next Purpose: HEARING
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Sigarla for DH present.
    Adv. Ankit Rajput for defendant nos. 1(a), 1(b), 1(c) and 2(b) present.
    Adjourned for hearing to 20.12.2019.
    Next Purpose: HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Sigarla for DH present.
    JD no.1(b) present.
    Ld. counsel for DH submitted that valuation report in respect of other two properties has been received but the same are lying in sealed envelope with the Court receiver.
    Issue letter to Court receiver to remain present on next date.
    The matter is adjd for appearance of court receiver and steps by plaintiff to 03.01.2020.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: None present for DH.
    Adv. Ankit Rajput for JD no.1(a), (b) and (c) and 2(b)  present and submitted that Court receiver\''s meeting is fixed on 10.01.2020 for taking steps.  Hence, the matter is adjd for appearance and report of Court Receiver to 07.02.2020.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None for DH.
    Adv. Ankit Rajput for JD nos.1(a to c) and 2(b) present.
    He submitted that the matter is fixed before the Court receiver on 25.02.2020 for meeting, hence adjourned.
    The matter is adjd for report to 26.03.2020.
    Next Purpose: REPORT
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Business: adjourned
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Adv. Seegarla for plaintiff present.
    Due to Covid-19, the matter is adjd to 18.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None present.
    Issue reminder to Court receiver for filing the report.
    The matter is adjd for report to 01.02.2021.
    Next Purpose: REPORT
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv. Seegarla for DH present.
    Adv. Rajput for JD present.
    Court receiver to remain present on next date to apprise of the development in the proceeding before it and submit the report accordingly.
    Parties to communicate the order to Court Receiver.
    The matter is adjd for report to 10.03.2021.
    Next Purpose: REPORT
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Seegarla for DH present.
    None for JD.
    None present for Court Receiver in-spite of service to Court Receiver as claimed by counsel for DH.
    Court Receiver to file report in respect of development in respect of proceeding before it.
    Draft Ch/sum filed by counsel for DH.  Leave is granted to register.
    The matter is adjd for report and service of Ch/sum to 26.03.2021.
    L.O.
    A.J. Yadav, Assistant Section Officer, Court Receiver Office present.
    He submits copy of minutes of meeting dated 25.02.2020. O. - Seen.
    He would submit that the next meeting is scheduled on 22.03.2021.  Court Receiver to issue notice to the parties for the said meeting. The representative to Court Receiver is informed to apprise the Court about the development in the meeting.
    The matter is already adjd for report and service of Ch/sum to 26.03.2021.
    Next Purpose: REPORT
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv. Seegarla for DH present.
    Adv. Rajput for JD present.
    Ajay Malvankar, Section Officer from Court Receiver Office present.
    Adv. for DH filed application.  T.O.R.
    O. -  Call say of JD and Court Receiver.
    Adv. for DH tendered registered Ch/sum no.555/21. T.O.R.
    The matter is adjd for say on Exh.5 and reply to Ch/sum to 24.06.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June 2021.
    Matter adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: P.O. is on leave.  Matter adjourned on 17.09.2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv. S.M Seegarla for DH is present.
    Adv. Ankit Rajput for JD 1(b), 1(c) and 2(b)is present.
    It is submitted that probate petition is pending in Hon\''ble High Court. On oral request matter adjourned for CH/S reply.
    Matter adjd for CH/S reply on 25.11.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv Seegarla for DH present.
    Adv. Rajpur for JD 1(b), 1(c) and 2(b) present.
    Adv for JD has filed reply to Exh. 5.  TOR.
    DH is directed to serve copy of Exh. 5 to Court receiver.  Court receiver to file reply on Exh. 5
    Matter is adjd to 12/04/2022 for Court Receiver\''s reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: PO is on leave hence adjd.to 12/7/2022
    Next Purpose: REPLY
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. S.M. Seegarla for DH is present.
    Adv. Ankit Rajput for JD nos. 1(b), 1(c) and 2(b) is present.
    The Court Receiver is directed to file reply on Exh.5 without fail.
    Matter adjd to 20.09.2022 for reply to Exh.5.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. S.M.Seegarla for DH is present.
    Adv. Ankit  Rajput for JD no. 1(b),(c) and 2(b) is present.
    Representative of Court Receiver Mr. Ajay Malvankar is present.
    In view of submissions of both the parties the DH is directed to give details regarding the pendency of any probate proceedings before the Hon\''ble High Court as well as both the parties consented for fresh valuation report. Therefore they be directed to take the appropriate steps/instructions.
    Matter adjd to 07.11.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv. Swapnil Shikhare for DH is present.
    Adv. Ankit Rajput for JD nos. 1(b),(c) and 2(b) is present.
    KB LO at 3.35 p.m.
    None present for DH.
    Adv. Ankit Rajput for JD nos. 1(b), (c) and 2(b) is present.
    Heard Adv.for JD on CH/S No. 555/21.
    KB LO at 3.55 p.m.
    None present for DH when called.
    In the interest of Justice last chance given for argue the CH/S.
    Matter adjd to 14.11.2022 for CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. S.M Seegarla for DH is present.
    Adv. Ankit Rajput for JD Nos. 1(b) ,(c) and 2(b) is present.
    The Ld. Adv.for DH has filed pursis t.o.r marked as Exh.6.
    It is informed that plaintiff/DH no. 2 Mrs. Prafulla Pratap died on 02.04.2021 issue-less.
    Matter adjd to 12.01.2022 for CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv. Swapnil Shikhare for DH is present.
    Adv. Ankit Rajput for JD Nos. 1(b),1(c) and 2(d) is present.
    Matter adjd to 07.02.2023 for CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Adv. Seegarla for DH is present.
    Adv. Ankit Rajput for JD is present.
    Matter adjd to 02.03.2023 for CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv. Mr. Sigeerla for DH is present.
    Adv. Mr. Ankit Rajput for JD Nos. 1/B, 1/C and 2/B is present.
    Matter adjd to 03.07.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Seegarla for DH is present.
    Adv. Ankit Rajput for JD Nos.1(b), 1(c) and 2(d) is present.
    Matter adjd to 10.07.2023 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Adv. Seegarla for DH is present.
    Adv. Anikt Rajput for JD No.1(b), 2(c) and 2b is present.
    Ld. Adv. for plaintiff /DH has filed an application for discharging from the matter. TOR. Exh-07.
    It is contended that inspite of request and reminders given to the sole surviving plaintiff she did not contact with the advocate and cooperate in proceeding with the matter. Therefore, the Ld. Adv. do not want to proceed with the matter and want to get discharge from it. In support of his contention the Ld. Adv. has filed the communication send to his client. It seems that the plaintiff is not cooperating with her advocate. Therefore, the application stands allowed.
    Last chance given to the DH to proceed with the Execution Application else, it will stands dismiss on next date.
    Matter adjd to 05.09.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Adv. Ankit Rajput for JD 1(b),1(c), 2(b) is present.
    None present for DH.
    Shri. D. M. Patil, Section Officer Court Receiver, High Court Bombay is present.
    Inspite of giving opportunities to DH, she failed to take steps to proceed with the matter. It seems that she lost interest in the matter. Therefore, the E.A stands dismissed for want of prosecution.
    On submission of court receiver he is at liberty to take appropriate steps for his cost, expenses and charges.
    As E.A stands dismissed, Chamber Summons No. 555/2023 stands disposed off.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101195/2018
    Filing Date: 20-01-2018
    First Hearing Date: 09th February 2018
    Decision Date: 05th September 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    05 Sept 2023
    Order Details: Other
    Pdf Text: 1
    05.09.2023
    EA 19/18
    (SU 7154/01)
    CS 555/21
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    Adv. Ankit Rajput for JD 1(b),1(c), 2(b) is present.
    None present for DH.
    Shri. D. M. Patil, Section Officer Court Receiver, High Court
    Bombay is present.
    Inspite of giving opportunities to DH, she failed to take steps
    to proceed with the matter. It seems that she lost interest in
    the matter. Therefore, the E.A stands dismissed for want of
    prosecution.
    On submission of court receiver he is at liberty to take
    appropriate steps for his cost, expenses and charges.
    As E.A stands dismissed, Chamber Summons No. 555/2023
    stands disposed off.
    Judge
    -- 1 of 1 --
    Order 1
    05 Sept 2023
    Order Details: Other
    Pdf Text: 1
    05.09.2023
    EA 19/18
    (SU 7154/01)
    CS 555/21
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    Adv. Ankit Rajput for JD 1(b),1(c), 2(b) is present.
    None present for DH.
    Shri. D. M. Patil, Section Officer Court Receiver, High Court
    Bombay is present.
    Inspite of giving opportunities to DH, she failed to take steps
    to proceed with the matter. It seems that she lost interest in
    the matter. Therefore, the E.A stands dismissed for want of
    prosecution.
    On submission of court receiver he is at liberty to take
    appropriate steps for his cost, expenses and charges.
    As E.A stands dismissed, Chamber Summons No. 555/2023
    stands disposed off.
    Judge
    -- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.