Date: 08-03-2018
Business: Mr. Hassan Khan, Advocate for Plaintiff, present. Shri Khan prays for notice u/o. XXI R 34 of CPC alongwith the draft Deed of Rectification. Allowed. Notice returnable on 09/04/2018.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Hassan Khan Advocate for plaintiff present. On request of Mr. Khan Matter is Adjd 14.06.2018 for completing service of notice U/O. XXI Rule 34 of CPC.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Business: Ms. Jaswandi Khatu I/b Hassan Khan, Advocate for Plaintiff, present. On request of Ms. Khatu for completing service of notice u/o. XXI Rule 22 of C.P.C., adjd to 13/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2018
Date: 13-07-2018
Business: Mr. Hassan Khan, Advocate for Plaintiff, present. Ms. Pradnya Chandramore, Advocate for Defendant (BMC-D5) present. Original Notice u/o.XXI Rule 34 with service report endorsed thereon, tendered by Shri Khan is t.o.r. and marked as Exh.5. Mr. Khan states that service could not be effected on Defendant Nos.1 to 4, and Defendant No.5 has been duly served. He, therefore, prays for substitute service on Defendant Nos.1 to 4 by way of publication, t.o.r. and marked as Exh.5. Substitute service allowed. Ms. Chandramore seeks time to file reply. Adjd to 20/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Date: 31-08-2018
Business: Resumed.
Adv. Hasan Khan for D.H. None for JD No. 1 to 4. Adv. Ms. Patil for JD No. 5.
Decree is in respect of execution of deed of rectification. Earlier the notices issued through sheriff to JD Nos. 1 to 4 returned unserved. Therefore, the notices were publish in newspaper. The affidavit of service dated 24.07.2018 with copy of free press journal dtd. 24.07.2018 and copy of Navshakti dtd. 24.07.2018 are placed on record.
In spite of the service the JD nos. 1 to 4 have not appeared in the matter. The application be heard ex-parte against JD nos. 1 to 4. The D.H. to suggest the name of Court Commissioner to be appointed for the purpose of execution of decree.
Adjd for hearing of application to 05.09.2018.
Next Purpose: HEARING
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Resumed.
None for DH and JD. Adv. Ms. Patil for MCGM is present. Name of commissioner is not yet suggested by the DH and therefore, the decree cannot be directed to be executed.
Adjd for further orders to 14.11.2018.
Next Purpose: ORDER
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Resumed.
Adv. Hasan for DH. None for JD.
Adv. Khan seeks time to keep present Adv. Narvekar.
Adjd for passing orders to 09.10.2018.
Next Purpose: ORDER
Next Hearing Date: 09-10-2018
Date: 09-10-2018
Business: Resumed.
Adv. Hasan Khan for D.H. with Adv. Mangesh Narvekar. None for J.D.
Adjd for orders for appointment of court commissioner to 11.10.2018
Next Purpose: ORDER
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Resumed.
The P.O. is on leave.
Adjd for orders for appointment of court commissioner to 12.10.2018.
Next Purpose: ORDER
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Resumed.
Adv. Hasan Khan with Adv. Narvekar for DH are present. None for JD when called out.
Adjd for orders on 16.10.2018.
Next Purpose: ORDER
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Resumed.
Adv. Hasan Khan for DH. Earlier the notice was published in daily free press journal at Navshakti dtd. 24.07.2018. Due to absence of JD nos. 1 to 4 the application was directed to be heard ex-parte. However, on going through the record and the report of bailiff it appears necessary the notice along with draft of deed of rectification should be served at the last known address of the JD nos. 1 to 4 by RPAD r/o 30.10.2018. DH to comply and submit report with affidavit.
Adjd for report to 30.10.2018.
Next Purpose: REPORT
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Resumed.
The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009.
For want of time the board is discharged.
Adjd for report 27.11.2018.
Next Purpose: REPORT
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Resumed.
Adv. Hasan Khan for DH is present.
The P.O. is busy in judgment in Sessions Case No. 576/2017 and 577/2017 and hearing ad-interim relief arguments in Suit no. 3012/2018. For want of time the board is discharged.
Adjd for report to 18.12.2018.
Next Purpose: REPORT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Resumed.
The P.O. is on leave.
Adjd for report to 20.12.2018
Next Purpose: REPORT
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Resumed.
Adv. Hasan Khan for DH is present. None for JD.
Exh. 3 - Adv. Khan filed affidavit of service with postal acknowledgements showing service to JD no. 1 and 2 and the envelops refused by JD nos. 3 and 4. In the circumstances it is directed that the execution application be heard ex-parte.
Adjd for orders to 03.01.2019.
Next Purpose: ORDER
Next Hearing Date: 03-01-2019
Date: 03-01-2019
Business: Resumed.
Adv. Hasan Khan for DH is present. None for JD.
The P.O. is busy in orders on application in Suit no. 2770/2010, 5300/2012 and other sister suits.
Adjd for order to 08.01.2019.
Next Purpose: ORDER
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: Resumed.
Adv. Mr. Hasan Khan for Decree holder is present
None for judgment debtor.
F.R.S.R. following order is passed on Exh.1 in Execution Application no. 47/2018 -
ORDER
1. Advocate Mangesh Narvekar is appointed as Court Commissioner to execute the deed of rectification in the light of judgment, order and decree dated 15.02.2017 passed in L.C. Suit no. 231 of 2014 on payment of requisite stamp duty and registration charges by the plaintiff.
2. The decree holder is directed to deposit the fees of Rs.5,000/- towards the work under commission in the Court within a period of week from today.
3. The Court Commissioner to complete the work under commission on or before 11.02.2019 and submit the report.
4. Issue commission writ accordingly.
Adjd for report of court commissioner to 11.02.2019
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Resumed.
Adv. Mr. Hasan Khan for D.H. None for J.D. nos. 1 to 4. Adv. Ms. Patil for MCGM is present.
Exh.5 - Adv. Khan filed pursis with certified copy deed of correction stating that the work under commission is completed. He recorded his reply on Exh. 4 accordingly.
He seeks time to apply for entering the names of D.H. to J.D. no. 5 corporation.
Adv. Mangesh Narvekar the Court Commissioner is present before the Court. He seeks leave to withdraw the fees deposited in the Court for the work under Commission. Adv. Hasan Khan for D.H. has no objection for the same. Adv. Narvekar is permitted to withdraw the fees Rs. 5,000/- on the basis of this order.
An ordinary of copy of this order duly authenticated by the Sheristedar of this Court be supplied to Adv. Narvekar with a direction to act the concerned A.R. -Civil on authenticated copy.
Adjd for further compliance to 11.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Hasan Khan for Decree holder present.
Adv. for defendant no. /MCGM present.
The Ld. Adv. for the decree holder seeks time to post the matter in June.
Matter adjd. to 26.6.19 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: P.O. is on leave.
Matter adjd to 28.08.2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Court is busy in hearing argument, dictating orders and judgment hence, board is discharged.
Matter adjd to 30.09.2019 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: As Court is busy in recording evidence, hearing final arguments, hearing other matters, passing orders and misc. work hence, board is discharged.
Matter adjd to 22/11/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Dhwani Patel For applicant present and seeks time.
Order- Granted time.
Adv. Mrs. Tondwalkar for defendant/MCGM present.
Matter adjd to 06/12/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Applicant and Adv. Absent.
Adv. Mr. Patil for defendant/MCGM present.
Matter pertains to B-Ward.
Matter adjd to 14/01/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: As Court is on leave.
Mater is adjd to 29.02.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 20/04/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for steps to 16.01.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for steps to 06.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for steps to 20.03.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for plaintiff.
None for MCGM/defendant.
Matter adjourned for to 29/04/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to covid-19 matter adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv. Khan present for applicant/decree holder.
Adv Soraan present for MCGM/defendant.
Matter adjourned for hrg to. 17/09/21
Next Purpose: HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: As presiding officer is on leave, hence matter is adjd. to
Next Purpose: HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
As court is busy in recording evidence in suit no. 310/09 and Session Case no. 1430/19 and 234/19 hence remaining matter is adjd.
Matter adjourned for hearing to. 27/11/21.
Next Purpose: HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv. Viraj Jadhav present for applicant and sought adjournment.
Adv. Sutar for MCGM/defendant.
Matter adjourned for hearing 06-01-2022.
Next Purpose: HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Hasan Khan present for plaintiff/Decree Holder.
Adv. Sutar present for MCGM/defendant no. 05.
None present for defendant no. 01 to 04.
Matter adjourned for hearing to 03/03/22.
Next Purpose: HEARING
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: As court is busy in judgment dictating in Suit No. 1823/2015 and urgent hearing matters i.e. Suit No.1266/11,Suit No. 5057 of 2012 hence, for want of time board is discharged.
Next Purpose: HEARING
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
Plaintiff / DHR is directed to appear and proceed further on next date without fail.
Matter is adjd for hearing on 14-02-2023
Next Purpose: HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. for plaintiff is present.
Adv. Rawade @ Adv. Vyavahare for MCGM/Defendant present.
As court is busy in final argument i.e. in Suit no. 2709/09. Hence, matter is adjourned.
Matter adjourned for hearing on 13-07-2023.
Next Purpose: HEARING
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: None for plaintiff.
Adv Ravde Madam for defendant/MCGM present.
Matter is adjd to 21.09.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Advocate Ammar present for decree holder present.
None for J.D.
On the request of Adv. for D.H. matter is adjourned.
Matter is adjd. to 29/11/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Adv.Lele for D.H is present.
On oral request of ld. Adv of D.H. matter is adjourned.
Matter is adjd to 08/01/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Adv. Disha h/f Adv. Hasan for DH present.
None for JD.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 21.02.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: None for JD.
Adv. Samiksha Rao h/f Adv. Hasan for Decree Holder present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. for DH matter is adjourned.
Matter is adjd to 10.04.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Adv. Disha for Decree Holder present.
None for JD.
Adv. Pradeep Patil for MCGM present.
On oral request of Ld. Adv. For DH matter is adjourned.
Matter is adjd to 10.07.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Gaurav Lele for DH present.
None for JD.
On oral request of Ld. Adv. For DH matter is adjourned.
Matter is adjd to 04.10.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Adv. Gauri Janrao i/b Adv. Hassan Khan for DH present.
None for JD.
Matter is adjd to 18.11.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Adv. Gauri Janra h/f Adv. Hasan Khan for Dh present.
None for JD.
On oral request of Ld. Adv. For DH matter is adjourned.
Matter is adjd to 17.01.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: None for DH.
None for JD.
Matter is adjd to 26.03.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Gauri Janrao h/f Adv. Hasan Khan for DH present.
None for JD.
Matter is adjd to 13.06.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: None present for applicant.
Adv. Gauri Janrao h/f Adv. Hassan Khan for DH present.
Matter is adjd to 11.07.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Adv. Gauri J. for DH present.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 18.08.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Gauri Janrao for Decree holder present.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd to 08-10-2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: Adv. Prashant Shettigar for DH present and requested for short adjournment. It is granted.
None for JD.
Matter is adjd to 09.10.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-10-2025
Date: 09-10-2025
Business: None for Dh.
None for JD.
Later on at 12.50 p.m. None appeared for DH and JD.
Later on at 2.50 p.m. None appeared for DH and JD.
Later on at 3.35 p.m. None appeared for DH and JD.
Later on at 4.00 p.m. None appeared for DH and JD.
Matter is adjd to 10.10.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: Adv. Disha Jain i/b Adv. Hasan Khan for DH present or
None for JD.
Adv. G. V. Jawale for Defendant/MCGM present.
In this execution petition record shows already as per judgment and decree in Suit No. 231/2014 Deed of Rectification has been executed through Court Commissioner and report to that effect is also filed on record as per Exh. 4 and Decree holder made clear in writing that DH have no objection for the said Deed of Rectification and also made clear that courts order is complied. In the circumstance, question of keeping this Execution petition on balance sheet does not arise. However Adv. Disha Jain for DH requested short date to take instruction and make submissions if any.
Matter is adjd. 13.10.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: Adv. Gauri Janrao for DH present and filed an application for seeking direction against D-5. Taken on record and marked at Exh. 6. O- Request made is already granted in decree itself i.e. while passing Decree.
None present for JD.
Keep Back.
Later on at 12.30 p.m. Adv. Gauri Janrao for DH present and submitted that matter be kept in second session.
Keep back.
Later on at 3.20 p.m. None for DH.
None for JD
Keep back.
Later on at 4.00 p.m,. Adv. Disha Jain i/b Adv. Hasan Khan for DH present and filed pursis. It is taken on record and marked at Exh.7. O- Other side to take note and say if any.
Matter is adjd to 14.10.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: Adv. Disha Jain i/b Adv. Hasan Khan for DH present.
Adv. Sachin Vajale for JD/MCGM present.
Matter is adjd to 15.10.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Adv. Prashant Shettigar h/f Adv. Disha Jain for DH present.
Adv. G. V. Jawale for defendant/MCGM.
Heard both sides.
FRSR the following order is passed -
Order on Execution Application No. 47 of 2018
1. In view of execution of Deed of Rectification as per judgment and decree dated 15/02/2017 in L.C. Suit No.231/2014, question of keeping this execution petition on balance sheet does not arise.
2. On production of copy of Deed of Rectification dated 02/02/2019, Judgment Debtor i.e. Municipal Corporation Greater Mumbai (original defendant No.5) in L.C. Suit No.231/2014 shall act to record the name of plaintiff as per judgment and decree dated 15/02/2017 in L.C. Suit No.231/2014.
3. Execution Application No.47/2018 stands disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 15-10-2025