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EXECUTION APPLN

FRANCIS JOKIM D'SOUZAVsTHE NAV-VIJAY BHARATI C.H.S. LTD. +1 more

CNR MHCC01002033201883-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th April 2025

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100516/2017
Registration Date
24 Nov 2017

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1FRANCIS JOKIM D'SOUZA

    Respondent

    1. 1THE NAV-VIJAY BHARATI C.H.S. LTD.
    2. 2FRANCIS MENEZES AND ORS.

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 09-02-2018
Business: Matter assigned to this Court
Adv. Ms. R.R. D\''souza for applicant present.
Issue notice on Court Motion to defendants Under Order 21 Rule 22 returnable on 15/03/2018
Adjd to 15/03/2018 for report of notice.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 15-03-2018

Date: 15-03-2018
Business: None present.
Matter is adjd to 20/07/2018 for E.A.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 20-07-2018

Date: 20-07-2018
Business: Court is vacant.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: DH absent.
None for DH present.
JD No.7 John D\''Souza present before the court.
Adjd for steps to secure presence of other JDs to 27.4.19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2019

Date: 27-04-2019
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Execution application was adjourned to 27/04/2019. On that day it was not working day as it was fourth Saturday. Then matter was taken up on 29/04/2019. On that day holiday was declared as Lok Sabha election. Hence matter taken on todays board.
Adjd to 24/06/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Defendant No. 7 present.
Adjd for taking steps to 11/09/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: JD No. 7  is present.
Adv. Smt. R. D\''Souza for DH present.
JD No. 7 filed adjournment application. O- Considering the reason shown adjournment granted.
Adjd for taking steps to 28/11/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Nobody present.
Adjd. to 26/02/2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. for DH present.
Defendant No. 7 present.
Defendant No. 7 filed Adjournment application. O- Other side to say.
Adv. for defendant filed pursis along with copy of order in WP No. 6413/18. t.o.r.
Defendant No. 7 to supply copy to Adv. for DH.
Adjd for arguments to 22/04/2020
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present.
Today matter is for hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for hearing to 22-03-2021.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: None present.
Matter adjd for hearing to 22-06-2021.
Next Purpose: HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None for DH/plaintiff.
JD/ defendant no.7 present.
Jd/ defendant no.7 filed adjournment application t.o.r. O- Granted.
Matter adjd for hearing to 20-10-2021.
Next Purpose: HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: JD/D-7 is present.
None present for DH/plaintiff.
JD/D-7 filed adjournment application. TOR. ORDER Granted.
Matter adjd for hearing to 09/12/2021.
Next Purpose: HEARING
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Remezoa D\''souza for plaintiff/DH present.
Defendant/JD no. 7 present.
It was submitted that adv. for plaintiff/DH writ petition no. 6413/18 is dismissed.
Exh: 2 Pursis along with copy of order in writ petition no. 6413/18.
O – Seen.
Defendant/JD no. 7 submitted that High Court proceeding is going on.
Defendant/JD no. 7 is directed to file the copy of stay if, any on next date.
Matter adjd for steps to 01.02.2022.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. R. D\''souza for plaintiff/DH present.
Adv. Vilas Jadhav for defendant/JD present.
Exh.03- Application for adjournment. O-granted.
Matter Adjd for steps on 10/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Shahista Shaikh applicant present.
Adv. D\''souza for defendant No.7/JD.
Exh.04 - Application for adjournment. O-granted as a last chance.
Matter Adjd for steps on 30/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Adv. Shahista Shaikh for plaintiff/DH present.
Adv. Vilas Jadhav for defendant/JD No.7 present.
Exh.05 - Application for adjournment alongwith copy of order in Writ Petition No.6413/18 dt.04/05/2022. TOR.
Ld. Adv. for plaintiff submitted that, there is not stay to the matter.
Order below Exh.05
Already last chance was granted on previous date and hence further adjournment cannot be granted. Application is rejected.
Exh.06 - Application for order. O-seen.
Matter Adjd for steps on 20/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Shaaista for plaintiff/DH present.
Adv. Jadhav for defendant/JD present.
Matter Adjd for steps on 17/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None present for plaintiff/DH.
Adv. Vilas Jadhav for defendant/JD present.
Later on at 03.10 pm.
Adv. Shahista Shaikh for plaintiff/DH present.
Matter Adjd for steps on 11/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Shaistha for plaintiff/DH present.
Adv. Vikas Jadhav for defendant No.7/JD present.
Exh.07 - Application for order under Order 21 Rule 35 and 36. O-Otherside to say.
Copy of Exh.07 supplied to Adv for defendant No.7/JD today in court.
Matter Adjd for say to Exh.07 on 20/02/2023.
Next Purpose: FILING SAY
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Adv. Shahista for plaintiff/DH present.
Adv. Vilas Jadhav  for defendant present.
Ld. Adv. for JD no.7 submitted that, High Court proceeding is going on and hence time is granted. Considering the reason, time is granted.
Matter Adjd for NM Hearing on 12/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Shahista for applicant present.
Adv. Vilas Jadhav for defendant no.7/JD present.
Ld. Adv. for JD no.7 submitted that, High Court proceeding writ petition no.6413 of 2018 is going on and hence time is granted. Considering the reason, time is granted.
Matter Adjd for hearing on 10/07/2023.
Next Purpose: HEARING
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: P.O. is on leave.
Hence, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: None present.
Matter is adjourned to 20.08.2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: None present.
Matter is adjourned to 05.11.2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: None present.
Matter is adjourned to 07.01.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: P.O is on leave.
Next Purpose: HEARING
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: None for DH present.
JD No.7 present and submitted that DH died on 30.06.2024.
Adv. Smita Ausarkar for JD No.7 present and filed an application for dismissal of the E.A along with copy of order passed by Honble High Court. taken on record and marked as Exh.08 Order - Call say.
Matter is adjourned to 07.04.2025 for Steps/Say.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: JD No.7 present.
Adv. Smita Ausarkar for JD No.7 present.
ORDER BELOW EXH.08
The application is moved by JD No.7 for dismissal of E.A on the ground that the WP No.6413/2018 preferred by him against the order/judgment passed by the Co-op Court dt.28.09.2015 was set aside by the Honble High Court by judgment dt.10.11.2023. Say of the  DH was called, however, it not filed. On 07.02.2025 JD No.7 had informed that DH died on 30.06.2024. Gone through the order of the Honble High Court in  WP No.6413/2018 dt.10.11.2023 which reveals the order passed by the Co-op Court dt.28.09.2015 was set aside in dispute No.333/2003 granting opportunity to JD No.7 to lead evidence. In view of the same, the present E.A has become infructuous. Even the DH is reported to be dead. Hence, the E.A  is disposed as infructuous.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102122/2018
Filing Date: 24-11-2017
First Hearing Date: 09th February 2018
Decision Date: 07th April 2025
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1
    07 Apr 2025
    Order Details: Other
Pdf Text: 07.04.2025
Sr. No.5
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
E.A 516/17 JD No.7 present.
Adv. Smita Ausarkar for JD No.7 present.
ORDER BELOW EXH.08
The application is moved by JD No.7 for dismissal of E.A on the
ground that the WP No.6413/2018 preferred by him against the
order/judgment passed by the Co-op Court dt.28.09.2015 was set
aside by the Hon’ble High Court by judgment dt.10.11.2023. Say of
the DH was called, however, it not filed. On 07.02.2025 JD No.7
had informed that DH died on 30.06.2024. Gone through the order
of the Hon’ble High Court in WP No.6413/2018 dt.10.11.2023
which reveals the order passed by the Co-op Court dt.28.09.2015
was set aside in dispute No.333/2003 granting opportunity to JD
No.7 to lead evidence. In view of the same, the present E.A has
become infructuous. Even the DH is reported to be dead. Hence,
the E.A is disposed as infructuous.
Judge
-- 1 of 1 --
    Order 1
    07 Apr 2025
    Order Details: Other
Pdf Text: 07.04.2025
Sr. No.5
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
E.A 516/17 JD No.7 present.
Adv. Smita Ausarkar for JD No.7 present.
ORDER BELOW EXH.08
The application is moved by JD No.7 for dismissal of E.A on the
ground that the WP No.6413/2018 preferred by him against the
order/judgment passed by the Co-op Court dt.28.09.2015 was set
aside by the Hon’ble High Court by judgment dt.10.11.2023. Say of
the DH was called, however, it not filed. On 07.02.2025 JD No.7
had informed that DH died on 30.06.2024. Gone through the order
of the Hon’ble High Court in WP No.6413/2018 dt.10.11.2023
which reveals the order passed by the Co-op Court dt.28.09.2015
was set aside in dispute No.333/2003 granting opportunity to JD
No.7 to lead evidence. In view of the same, the present E.A has
become infructuous. Even the DH is reported to be dead. Hence,
the E.A is disposed as infructuous.
Judge
-- 1 of 1 --

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