Subhash Ramsaran Sharma - Execution Application No.105 of 2001 - Suit No.6460 of 1992VsBabu Rajaji Yadav And Anr - Applicant - Ramsamujh Baburam Yadav

Date: 12-03-2019
Business: Adv. Ms. Ankita Upadhyay I/b Adv. Sonali Dahotre for Applicant present and tendered original Ch/s No.385/19 alongwith affidavit.
Adv. Mr. Vikas Singh for Plff present.
Adv. Mr. Omar Khaiyam Shaikh for Deft No.1 present.
Adv. Mrs. Vyavhare for MCGM/deft No.2 present.
Order
Heard both sides at length on the point of grant of status quo directing Deft/judgment debtor and his family members not to create third party interest in the suit premises. Ld. Adv. for Deft No.1 strongly opposes the prayer stating that the decree is already executed and there are no four rooms forming part of the suit premises as alleged by DH.  However, this is an earlier stage of hearing.  No harm will be caused it status quo is granted. Therefore both parties to maintain status quo and they should not create any third party interest in the suit premises till next date.
Adjd to 15/4/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Adv. Mr. Vikas Singh for original Plff/applicant present and tendered reply to Ch/s No.385/19.  Copy be served to otherside.
Adv. Ms. Chaitali Chaudhary for Resp. No.1 present.
Adv Mrs. Bhoir for MCGM/Resp No.2 present.
Earlier order, if any, to continue till next date.
Adjd to 26/6/2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Vikas Singh for DH present.
Adv. Chaitali Choudhary for JD no. 1 present.
Adv. Khandagle for JD. No. 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 02.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. V.K. Singh for Plaintiff present.
None for Defendant.
Earlier order, to continue, till next date.
Adjd. to 09.09.2019 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None for D.H. and JD No.1.
Adv. Mr. S.C. Khandagale for JD.no.2/MCGM present.
None for applicant.
L.O.
Adv. Vikas Singh for DH present.
Earlier order, if any, to continue till next date.
Adjd to 16/10/2019 for C/S hearing/ Dismissal.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Vikas Singh for D/H present.
Adv. Mr. S.C. Khandagale for  J/D. NO. 2/MCGM present.
Adv. Ankita Upadhyay  for applicant present.
KB
Heard both sides in C/S
Earlier order, if any, to continue till next date.
Adjd to- 18-12-2019  for C/S Order  .
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: None for D.H..
Applicant is present.
None for J.D.No. 1.
Adv. Mrs. D.D. Patil for J.D. No. 2/MCGM present.
KB LO
Order on C/S No. 385/19 -
Perused C/S, reply filed thereto and heard both sides. By this C/S the applicant has claimed that his structure admeasuring 110 sq.ft. at survey no. 24 was attached in execution of warrant of attachment dated 01-10-2001 without there being any order of attachment thereof and he has prayed to raise the said warrant of attachment and to restore possession thereof to him. After going through the history of this case, the court receiver took possession of the above structure from the applicant on 22-09-2017 after contempt petition was filed against his father before Hon\''ble Bombay High Court. Moreover, the decree in LC Suit no. 6460/1992 is very clear and not only JD No. 1 but also his family members were directed to remove their articles form the suit premises shown in red colour in the sketch annexed to the plaint therein. Therefore, the subsequent changes in the said room can not be given any importance. For the reasons stated above C/S is devoid of merits and it is rejected.
Earlier order, if any, to continue till next date.
Adjd to 20-01-2020  for N/M service and reply .
Nature Of Disposal: OTHER
Disposal Date: 18-12-2019

Filing Number: 102294/2019
Filing Date: 22-02-2019
First Hearing Date: 12th March 2019
Decision Date: 18th December 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE