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EXECUTION APPLN

DHARMAYYA ARJUN BHOGAVsHUSSAINSAB KASIMSAB SHAIKH

CNR MHCC0100224120182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th October 2018

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100043/2018
Registration Date
07 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 14-02-2018
    Business: PO is on training.
    Adjd to 28.3.2018
    Next Purpose: FOR___________________
    Next Hearing Date: 28-03-2018
    
    Date: 28-03-2018
    Business: None present for applicant.
    Adjd to 21.6.2018 for
    L.O.
    Adv. Ms. Anita Patil for applicant present.
    Adjd to 21.6.2018 for hearing at 2.45 p.m.
    Next Purpose: HEARING
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Posted to 27/06/2018.
    Next Purpose: HEARING
    Next Hearing Date: 27-06-2018
    
    Date: 27-06-2018
    Business: Mrs. Anita Patil I/b S. J. Ghogare, Advocate for Plaintiff, present.  Mr. Prabhakar Dharmaya Bhoga, legal heir of Plaintiff, present.  Matter is transferred to this Court by the Order dated 21/06/2018, passed by the Hon\''ble Court Room No.2.  Mrs. Patil prays for issue of show cause Notice before issue of Writ of Possession u/o. XXI Rule 35 of C.P.C. against the Defendant as to why Writ of Possession u/o. XXI Rule 35 of C.P.C. shall not be issued, as prayed for in the present Execution Application.  Notice made returnable on 02/08/2018.
    Next Purpose: HEARING
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Business: Ms. Anita Patil I/b Sandip Ghogare, Advocate for Plaintiff, present.  Mr. Shailesh Pal, Advocate for Defendant present. Ms. Patil has tendered notice u/o.XXI Rule 22 alongwith service report endorsed thereon, t.o.r. and marked as Exh.4.  Ms. Patil prays for issue of writ of possession as the Defendant though served has not filed reply.  However, as Mr. Pal undertakes to file Vakalatnama and reply by tomorrow, by consent adjd to 03/08/2018.
    Next Purpose: HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Ms. Anita Patil I/b Sandip Ghogare, Advocate for Plaintiff, present. Mr. Manojkumar Upadhyay with Mr. Shailesh Pal, Advocate for Defendant present.  Mr. Upadhyay filed Vakalatnama and reply dated 03/08/2018 to the show cause notice, same are t.o.r. and marked as Exh.5 and 6, respectively.  Copy of reply served across the Bar on Advocate for Plaintiff.  Mr. Upadhyay states that he has not received the copy of E.A. alongwith show cause notice.  Copy of E.A. served upon Advocate for Defendant across the Bar by Ms. Patil, Advocate for Plaintiff. Mr. Upadhyay seeks time to file reply to the E.A. and Ms. Patil seeks time to file rejoinder to the reply filed by the Plaintiff, today.  Hence, by consent adjd to 09/08/2018, at 1.00 p.m.
    Next Purpose: HEARING
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    
    Date: 18-08-2018
    Business: DH present with his Adv. Mr. Ghogre.
    JD present with his Adv. Mr Pal.
    KB.
    L.O
    DH present with his Adv. Mr. Ghogre.
    JD present with his Adv. Mr. Upadhyay .
    Heard.
    Adjd. to 28.08.2018 for directions at 2.45 p.m.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Decree holder and Adv.Mr.Ghogare present.
    Son of Judgment Debtor present. Adv.absent.
    L.O.at 3.35 p.m.
    Adv.Mr.Pal for Judgment Debtor present.
    He filed adjournment application t.o.r.and marked at Exh.2.
    Order passed on it-Other side to say.
    Order below Exh.2.
    For the reasons mentioned in the application, adjournment is granted by way of last chance.  Application Exh.2 is allowed and disposed of accordingly.
    Adjd.on 31.08.2018 at 11.00 am.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: Adv.Mr.Ghogare for Decree Holder present.
    Adv.Mr.Pal for Judgment Debtor present.
    He filed additional reply t.o.r.
    K.B.at 2.45 pm.
    Adv.Mr.Upadhyay for Judgment Debtor present.
    Heard Ld.adv.for Judgment debtor at length.  He submitted that he wants to place on record certain case laws on the aspect that the applicants before this court in Execution Application can not execute the Decree as they have not been incorporated as Decree Holder.
    Adjd.for fling case laws on 05.09.2018 at 2.45 pm
    Next Purpose: HEARING
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Adv.Mr.Ghogare for Decree Holder present.
    Adv.Mr.Upadhyay for Judgment Debtor present.
    Heard both the sides.
    Adjd.for order on 14.09.2018.
    Next Purpose: ORDER
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: Adv.Mr.Ghogare for Plff present.
    Adv.Mr.Pal for Deft present.
    Adjd.for order on 19.09.2018.
    Next Purpose: ORDER
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv Mr.Ghogre for Decree Holder present.
    Adv Mr.Pal for Judgment Debotr present.
    K.B.L.O.at 4.55 pm.
    Adv.Ms.Patil for Decree Holder present.
    Adv.Mishra for Judgment Debtor present.
    On oral request of adv.for Judgment Debtor that his senior wants to make submissions, hence adjd.for order on 21.09.2018 at 2.45 pm.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: Adv.Mr.Ghogare for Decree Holder present.
    Adv.Mr.Upadhyay for Judgment Debtor present.
    Heard both the Ld.Advocates on case laws.
    Adv.for Judgment debtor filed copies of case law Kasturabai w/o.Vyankat Kumbhar and Ors. V/s Pandit Sonusingh Patil and Ors.in  2014(4) ALL MR 809.
    Adjd.for order on 06.10.2018.
    Next Purpose: ORDER
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Adv.Mr.Ghogre for Decree holder present.
    Adv.Mr.Pal for Judgment Debtor present.
    Adv.for Judgment Debtor has filed written notes of arguments t.o.r.
    Adjd.for order on 08.10.2018.
    Next Purpose: ORDER
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv.Mr.Ghogare for Decree Holder present.
    Judgment Debtor is present.
    Court is busy in another matters, hence matter is adjd.for order on 09.10.2018.
    Next Purpose: ORDER
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Adv.Mr.Ghogare for Decree Holder present.
    Adv.Mr.Pal for Judgment Debtor present.
    F.R.S.R.Following order is passed.
    ORDER
    1 Execution application No.43/2018 is allowed and made absolute in terms of prayer clause(j)
    Nature Of Disposal: ALLOWED
    Disposal Date: 09-10-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 102114/2018
    Filing Date: 07-02-2018
    First Hearing Date: 14th February 2018
    Decision Date: 09th October 2018
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Oct 2018

    Order Details: Other Pdf Text: 1 Execu. Appn. 43/18 IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI. EXECUTION APPLICATION NO. 43 OF 2018 MHCC01002241 IN S.C.SUIT NO. 695 OF 1998 MHCC010006251998 Dharmayya Arjun Bhoga ).....Plaintiff/Petitioner (Now deceased and through his legal heirs and representative AND being the applicants and executors as under) 1.Shakuntala Dharmayya Bhoga and Ors. ).....Applicants/Executors Versus Hussainsab Kasimsab Shaikh ).......Defendant/ Adv. Mr.Sandip Ghogare for the plaintiff. CORAM : HIS HONOUR JUDGE SHRI. KISHORE M.JAISWAL (C.R.…

    Read Full Order
    Order 1Full order available
    09 Oct 2018

    Order Details: Other Pdf Text: 1 Execu. Appn. 43/18 IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI. EXECUTION APPLICATION NO. 43 OF 2018 MHCC01002241 IN S.C.SUIT NO. 695 OF 1998 MHCC010006251998 Dharmayya Arjun Bhoga ).....Plaintiff/Petitioner (Now deceased and through his legal heirs and representative AND being the applicants and executors as under) 1.Shakuntala Dharmayya Bhoga and Ors. ).....Applicants/Executors Versus Hussainsab Kasimsab Shaikh ).......Defendant/ Adv. Mr.Sandip Ghogare for the plaintiff. CORAM : HIS HONOUR JUDGE SHRI. KISHORE M.JAISWAL (C.R.…

    Read Full Order

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