Date: 09-02-2018
Business: Matter assigned to this Court
None present.
Adjd to 09/03/2018 for E.A.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2018
Date: 09-03-2018
Business: Adv Patil for plaintiff present.
Adjd to 09/04/2018 for E.A.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: None present.
Adjd to 16/08/2018 for E.A
Next Purpose: FOR___________________
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Court is vacant.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Court is vacant.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. B. S. Patil for DH present and stated that application is filed for bringing on record legal heirs of deceased DH. He also submitted that other legal heirs have affirmed affidavit stating that the legal heir Karim Khan Jafar Khan be impleaded as legal heir of DH the legal heirs of DH to file original affidavit on record. He may withdraw after the application is decided.
Adjd for compliance to 23/04/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. B. S. patil for plaintiff present.
As per office order No. 66 of 2019 the suits relating to differently abled person, senior citizen and marginalized sections of the society for speedy disposal, special court is designated and the suits are re-assigned to Court Room No. 9 hence transferred
Adjd for compliance to 05/07/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Court is busy in hearing Notice of Motion in suit no.8489/1993 which is Hon\''ble High Court Time Bound matter and court has to her Notice of Motion in suit no.1398/09, hence case is adjourned to 16/09/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: None present for Plaintiff.
None present for Defendant.
As this execution proceeding is related to Summary suit, Registrar is directed to take necessary steps for transfer of this Execution application to the court which is trying summary suit.
Case is adjourned to 25/02/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Nobody present.
Adjd for compliance to 06/05/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
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: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None present.
Today matter is for compliance.
Perused application filed by advocate of applicant dated 29-01-2018 to bring legal heir of DH on record. Perused order passed on 11-03-2019. As per said order it is directed to the Legal Heirs of the DH to file original affidavit on record. Order is also passed on the said application that the said application put up after production of death certificate. It appears that death certificate is annexed with said application.
The order dated 11-03-2019 direction the Legal Heirs of DH to file original affidavit on record is to be complied with. Hence, matter adjourned for compliance.
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 compliance of order dated 11-03-2019 regarding direction to the Legal Heirs of the DH to file original affidavit on record to 15-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None present.
Matter adjd for compliance of order dated 11-03-2019 regarding direction to the Legal Heirs of the DH to file original affidavit on record to 19-06-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Business: In view of Office Order No. 104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, Hence matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present.
Matter adjd for compliance to 09-11-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present.
Matter Adjd for compliance on 11/01/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present.
Matter Adjd for compliance on 06/05/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Date: 28-07-2022
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Exhibit 2 – Application to file no objection of legal heirs. O – Allowed.
Exhibit 3 (Already filed). Application for bringing legal heirs.
Matter Adjd for filing original death certificate of DH as per order dated 17.02.2018 to 12.09.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Balbhaeem Patil for plaintiff/DH present.
None present for defendant/JD.
Exh.04 - Application for Production of documents. O-be filed.
Matter Adjd for order on 01/10/2022.
Next Purpose: ORDER
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Balbheem Patil for plaintiff present.
None present for defendant.
Order below Exh.03 Application Dt.29.01.2018
Perused the application, no objection of other legal heirs, death certificate of original Decree Holder. The present application is allowed. The Legal heirs of deceased Decree Holder are brought on record. Applicant to comply the same within 14 days of this order as per rules.
Matter Adjd for compliance on 19/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Balbhim for plaintiff/D.H present.
None for Defendant/J.D.
Matter Adjd for Steps on 05.01.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Balbheem Patil for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for steps on 27/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Balbheem Patil for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for taking steps on 03/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: P. O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: P.O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: P.O.is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Both parties are absent when called.
Adv. Balbheem Patil for plaintiff/DH is present.
Adv. for defendant/JD is absent.
Exh.5 -Adv. for plaintiff/DH filed application for rasaising attachment of salary. TOR and marked at Exh.5.
O.-Decretal amount is deposit. Hence allowed as prayed. Issue letter to concerned employees.
Matter Adjd for compliance to 10.11.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: P.O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: As court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: PO is on Training
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: None present.
Matter is adjourned to 09.10.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: None present.
Matter is adjourned to 21.12.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Adv. Balbheem Patil for DH present and filed an application to withdraw the amount taken on record and marked as Exh.06. Order - Keep for argument on Exh.06
Matter is adjourned to 01.02.2025 for argument on Exh.06.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Adv. Balbheem Patil for plaintiff present.
Dh present.
ORDER BELOW EXH.06
Perused application and heard Adv. Patil. So also gone through the Sheriff Certificate dt.12.11.2024. The E.A was filed for recovery an amount of Rs.45,399.74/- against JD with further interest. Pursuant to it the salary was attached. The Sheriff Certificate reveals an amount of Rs.1,29,000/- was deposited under the warrant of attachment. According to Adv. Patil only an amount of Rs.92,556.48/- is the remaining amount and Rs.36,403.48/- is the excess amount and hence prayed for direction to Sheriff to release the amount of Rs.92,556.48/- in favor of DH and remaining amount of Rs.36,403.48/- to JD. As such, I proceed to following order -
ORDER
1.Application Exh.06 is allowed as prayed.
2. The Sheriff, Mumbai is hereby directed to release an amount of Rs.92,596.48/- in favor of DH.
3. The Sheriff, Mumbai is further directed to refund excess amount Rs.36,403.48/- to JD.
ORDER BELOW EXH.01
In view of the decree being fully satisfied as admitted by Adv. Patil and DH, hence, it is disposed of as fully satisfied.
Nature Of Disposal: OTHER
Disposal Date: 01-02-2025
