EXECUTION APPLN
BALKRISHNA MAHESHWAR MANDREKAR AND ORSVsSHRIIWAS ALIAS PRADEEP BABURAO MANDREKAR AND ORS.
CNR MHCC0100224320183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 13th October 2025
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100048/2018
- Registration Date
- 09 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec ASSINGED
Case History / Proceedings
Case History
Date: 14-02-2018
Business: Since the P.O. is on official training from 12.02.2018 to 24.02.2018, the matter adj. to 26.04.2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2018
Date: 26-04-2018
Business: None for plaintiff.
Issue show cause notice to the JD.
Matter adj. for Report to 06.07.2018.
Next Purpose: REPORT
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Adv. Amit for DH present.
None for JD.
Issue show cause notice through bailiff.
Matter adj. for Compliance and Service to 11.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Adv. for plaintiff present and seeks time to file affidavit of service.
Adv. Prashant for D-8 - Darshan CHS present and undertakes to file VP on the next date.
D-1 - Manjrekar in person present and submits that he has engaged an advocate and he will file VP on the next date.
Matter adj. for Compliance to 19.11.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Adv. Sabale for DH present and filed two affidavit of service.
Adv. Mule for JD-1 Shriniawas @ Pradeep Mandrekar present.
As per the affidavit of service filed by the DH, D-5(a) to 5(c) and JD- 4 and 6 are served. JD-2 is deleted.
Ld. Counsel for plaintiff seeks further time to file affidavit of service in respect of D-4 and 8. Time granted.
Matter adj. for Affidavit of Service to 20.12.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: None for plaintiff.
D-1 in person present and filed application on the ground that he has not received any papers from the other side.
Matter adj. for Affidavit of Service to 11.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Sabale for DH present and present and served copy of papers to D-1.
JD (original D-1) in person present and submits that he has filed Appeal against the Judgment and Decree before Hon\''ble High Court. His advocate absent.
Matter adj. for Reply and Hearing to 25.06.2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Adv. Sakhale for DH present.
Judgement Debtore no. 1 present.
Court is busy in dictating order in NDPS case No.68/19, 81/19 and 173/18.
Hence, Matter stands Adj for hearing to 15.07.19.
Next Purpose: HEARING
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Adv. Sapale for DH present.
Adv. S. D. Mule for JD no. 1 present and filed VP.
JD. No. 1 present.
Vakalatnama filed on behalf of JD no.1
Heard Ld. counsel for both the sides. Adv. Mule for JD no. 1 submitted that as per Roznama JD no. 1 has filed an appeal against the judgement and decree sought to be executed. But, today he is not having any copy of memo of appeal or any other document and wants time to get instructions for making proper submissions before the court he also submitted that he has received telephonic instructions from JD no. 6 that notice of the Execution proceeding is not served on him. But, today he has no instructions to appear on behalf of JD no. 6 before the court.
Ld. counsel for plaintiff opposed the request for adjournment on the ground the it is only for delaying execution. The Ld. counsel for JD no. 1 is appearing on behalf of only for JD no. 1. As per affidavit of service JD no. 6 is duly served by courier.
Considering the submissions made before the court, short adjournment granted for JD no. 1 as prayed for.
Matter stands Adj for hearing to 09.08.19.
Next Purpose: HEARING
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Amit Sapale for DH present.
JD no. 1 present and filed application for adjournment.
Application for adjournment on behalf of JD no. 1. Heard both sides. Time is sought on the ground that his advocate is unable to attend the court today and he will be filing papers received from JD no. 6 from USA on next date. Papers are partly received by him. Adjournment strongly opposed by the counsel for DH on the ground of delay. However, I find that information regarding filing of appeal and the papers, if any, received from JD no. 6 by advocate for JD no. 1 are required to be placed before the court before proceeding further. Hence, Adjournment granted as last chance and case is adjourned as per the convenience of JD no. 1 to 04.09.19.
Next Purpose: HEARING
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: the court is on leave
Next Purpose: HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Court is busy in hearing arguments in suit no. 5926/07 and NDPS Spl Case no. 54/14. Hence, Board is discharged.
Matter stands Adj for hearing to 08.11.19.
Next Purpose: HEARING
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Amit Sapale for DH present.
Adv. Mule for JD no. 1 present and submitted that as per instructions received by him son of JD no. 1 is making efforts to settle the matter out of court. Hence, prayed for time.
After hearing both the side, by consent time is granted.
Matter stands Adj for settlement to 13.12.19.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. K. P. Anilkumar for D/H present.
J/D no.1 present.
Adv. S. D. Mule for J/D no. 1 present and filed application for adjournment on the ground that son of J/D no.1 is in the process of purchasing suit property, which currently in England and has to complete some formalities with Indian bank. The application strongly opposed by Counsel of D/H on the ground that several chance is already granted to J/d no. 1 and there is no substances application is rejected and execution should proceed further.
As per roznama J/d no.1 has been giving chances to take positive steps of settlement if any. Today the counsel of J/d no.1 made commitment in writing in the court regarding steps being taken by the son of J/d no.1 for settlement. Taken on record.
After hearing both sides last chance is granted to J/D No.1 failing which execution proceed.
Matter stands Adj for Hearing to 21.02.2020.
Next Purpose: HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Anil Kumar for DH present.
JD present in person and submitted that his advocate has gone out of station for his personal work and unable to attend court today. His son was to make enquiry from the bank regarding obtaining of the loan for settlement in the matter and prayed for adjournment till 16.03.2020.
Ld. counsel for DH has opposed the request and submitted that JD is enjoying the property since long and DH is deprived of the fruits of the decree. The JD is delaying the execution on one or other ground. Hence, no further adjournment be granted and court may kindly pass the order of appointment of Court Commissioner to auction the suit property and sale proceeds be distributed equally as per the decree.
Considering the aspect that the suit was filed in the year 2001 and decree was passed in the year 2017, it is high time to proceed with the execution. Hence, the request for adjournment by the JD is rejected.
In terms of prayer clause (a), (b) and (c) in the execution application r/w the operative order no. 3 in the decree in suit no. 7947/01 dated 06.05.2017, relief is granted to plaintiff.
The registrar of this court directed to appoint Court Commissioner to proceed with the execution in terms of the decree as mentioned above at the cost of the decree holder.
The Jd shall be entitled to participate in the auction proceedings.
Matter stands Adj for hearing to 19.03.2020.
Next Purpose: HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv. Mule for JD No. 1 present.
None present for DH.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged, only urgent matters are taken up by the court for orders.
However, it appears from the record that this court has granted the prayer clauses (a), (b) and (c) of the Execution Application r/w the operative order no. 3 in the decree in suit no. 7947/01 dated 06.05.2017, and the registrar of this court was directed to appoint a court commissioner to proceed with the execution in terms of the decree at the cost of the decree holder. It appears that the R and P of the proceedings remained to be sent to the registrar for further necessary action. Hence, sheristedar is directed to do the needful. The date of execution of the commission work is hereby extended.
Matter stands Adj for hearing /commissioner report to 28.04.2020
Next Purpose: HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Advocate Amit Sakhale h/f adv. K.P.Anil Kumar for Decree holder present and sought time to take instructions. Time is granted.
None for Judgment Debtor.
The case is adjourned to 05.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None present.
The case is adjourned to 22.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Advocate Chinmay Apte for DH present.
None for JD .
The case is adjourned to 23.04.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Matter called out at 11.33 p.m.
None present.
kept back.
Later on at 05.14 p.m.
None present.
Matter stands adjourned to 27.10.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Matter mentioned at 11.43 a.m.
Adv. Roshni Vipani @ Adv. K. P. Anil Kumar I/b Adv. Amit Saple for applicant present.
Adv. S. D. Mulye for JD-1 present.
By consent of the parties, the valuer of this court can visit the suit
premises for the purpose of valuation. Hence, Registrar is directed to
issue notices to the concern parties and fix the date for inspection.
Matter be sent to concerned Registrar for compliance of the order.
Matter stands adjourned to 04.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter mentioned at 12.19 p.m.
Adv. Roshni Vipain h/f K. P. Anil for DH present.
JDR in person present.
Shweta Korgaonkar, Representative of Court Valuer office present. She tendered report. Exh.16.
Valuer is discharged.
Sealed envelope is opened in presence of both the sides.
Copies are supplied to plaintiff and defendant.
Matter stands adjourned to 18.01.2021 hearing on valuer report.
Next Purpose: HEARING
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Matter called out at 11.24 a.m.
Adv. K. P. Anilkumar a/w Adv. Priyanka Kumar a/w Adv. Chinmay Apte for DH present.
Adv. S. D. Mulye for JDR no.1 present. He informed that one of the son of DH is ready to purchase the entire share. He is seeking time to work out on the proposal. Time granted.
Matter stands adjourned to 03.03.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Matter called out at 11.18 a.m.
Adv. Amit Saple a/w Chinmay Apte for DH present.
Adv. S. D. Mulye for JDR No.1 present. He filed adjournment application on th ground that the settlement is on the verge of completion. DH have no objection. Hence, application allowed. Exh.7.
Matter stands adjourned to 22.04.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Court is on leave, Hence board is discharged. Matter adj. to next date
Next Purpose: SETTLEMENT
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. K. P. Anil Kumar for DH present.
Adv. S. D. Mulye for JDR present.
By consent, matter stands adjourned to 07.06.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. K. P. Anilkumar a/w Adv. Priyanka Kuma and Adv. Roshni Vipani for DH present.
JDR no.1 in person present.
Kept back.
Later on at 12.00 p.m.
DH in person present.
JDR no.1 in person present.
Adv. S. D. Mulye for JDR No.1 present.
DH in person submitted that he do not want to go for settlement. Hence, he is directed to take steps to execute the decree.
Matter stands adjourned to 14.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. K. P. Anilkumar for DH present.
JD no.1 in person present.
Adv. S. D. Mulye for JD no.1 present.
Kept back.
Later on mentioned at 4.32 p.m.
Adv. Amit Saple h/f Adv. Anilkumar for DH present. He tendered application for auction of property. TOR. Exh.08.
Matter stands adjourned to 06.08.2022 for filing reply/orders.
Next Purpose: REPLY
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: one present for plaintiff.
Adv. S. D. Mulye for JD No.1 present. He tendered reply. TOR. Exh.09.
Matter stands adjourned to 29.09.2022 for hearing on auction
application (Exh.08).
Next Purpose: HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: DH in person present.
Adv. S. D. Mulye for JD no.1 present. He served copy of reply to DH.
K.B.
Later on mentioned at 11.33 a.m.
Adv. Priyanka Kumar for DH present. She contended that there is nothing to argue on Exh.08.
Adv. S. D. Mulye for JD No.1 present.
It reveals from the record that the decree is for partition. DH to specify whether it is preliminary or final decree or whether it is engrossed on requisite stamp paper. DH to take appropriate steps.
Matter stands adjourned to 21.11.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: DH and JD No.1 in person present.
DH requested to K.B. the matter as his advocate is coming.
Later on called out at 12.03 p.m.
DH in person present. His advocate absent.
JD. No.1 a/w Adv. S. D. Mulye present.
DH requested to K.B. the matter as his advocate is coming.
Later on called out at 12.48 p.m.
JD. No.1 a/w Adv. S. D. Mulye present.
DH absent.
Matter stands adjourned to 12.01.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. K. P. Anilkumar for DH present.
JD No.1 in person present.
K.B.
Later on at 12.07 p.m.
Adv. K. P. Anilkumar for DH present.
Authorized person of DH present.
JD No.1 a/w Adv. Mulya present.
Both the parties consented to referred the matter to mediation.
Hence, matter referred to mediation.
Matter stands adjourned on 29.04.2023 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: None present for DH.
Adv. S. D. Mulye for JD present. He is seeking time. Time granted.
Matter stands adjourned on 12.07.2023 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: None for Plaintiff present.
J/D no. 1 present.
Mediation report received as failed. TOR. Exh.10
Matter stands adjourned on 26-09-2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: None for D/H present.
J/D no. 1 present.
Matter stands adjourned on 21-11-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: None present for Decree holder.
Judgment debtor no. 1 in person present.
Both advocates are absent.
Matter stands adjourned on 15-01-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Advocate K. P Anilkumar along with D/H present.
J/D No. 1 is present.
Kept Back... Later on at 2.50 pm.
Advocate K.P Anilkumar along with D/H present.
J/D No. 1 is present. He is request the Court that his advocate is not able to appear before the Court. Last chance is granted today.
Matter stands adjourned on 14-02-2024 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Advocate K. P. Anilkumar along with D/H present.
J/D is present, his advocate is absent.
Kept Back.. Later on at 11.45 am.
Advocate K. P. Anilkumar along with D/H present.
Advocate Mule along with J/D present.
The learned Advocate for the D/H submits before the court one client is ready to purchase the property and filed offer letter Exhibit 10. Taken On Record.
Upon which the learned advocate for the J/D informed the court that his client will confirm about the said offer from his son who is staying outside India and seeks one week time. O - time granted as last chance.
Commissioner report served upon plaintiff and defendant.
Matter stands adjourned on 02-03-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. K. P. Anilkumar @ D/H present.
None for J/D.
J/D and his Adv absent. On last date J/D and his advocate informed the Court that today they will respond on the proposal letter filed by the D/H. But both are absent therefore the J/D is directed to file reply on Exh.10 till next date without fail otherwise the court will proceed further with execution proceedings.
Matter stands adjourned on 13-03-2024 for filing say.
Later on at 1.00 pm.
Adv. Mule for J/D present.
Matter stands adjourned on 13-03-2024 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. K. P Anilkumar for D/H present.
Adv. Samarth Sadavarte for J/D present.
D/H and J/D are present.
Matter stands adjourned on 15-03-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: J/D No.1 @ Adv. S. D. Mulye for J/D No.1 present.
Uday Mandrekar, Shashank Mandrekar, Dilip Kulkarni (Decree Holders).
ORDER BELOW EXH.08
Perused application, say and the report of court commissioner in respect of the valuation of suit property. The DH is praying to auction the suit property and sale proceeds be divided amongs the parties for the satisfaction of the decree. The JD has also ready for auction of the property. Considering the aspect that the suit property is not divisible by meets and bounds therefore, public auction is necessary. Hence, I proceed to pass following order -
ORDER
1. The Suit property be auctioned and sale proceeds be equally
divided as per the decree.
2. The property be auctioned as per rules.
3. After the auction of the property report be submitted to this court.
4. Parties to take note.
5. Matter be forwarded to execution department.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 06.07.2024 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: Plaintiff is present.
None for defendant present.
Matter stands adjourned on 13.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: D/ H is present.
J/ D is present.
The report submitted by the Registrar suggesting certain modification in the order passed on 15.03.2024 as both the parties have ready for auction of the suit property. Considering the report of Registrar, the order passed on dtd. 15.03.2024 is modified as under
ORDER
1. The Suit premises i.e. Flat No. 1, Darshan Co-operative Housing Society at Plot No. 16, Linking Road Extension, Santacruz West, Mumbai- 400 054 be auctioned and sale proceeds be equally divided as per the Decree.
2. The aforesaid property be auctioned as per rules.
3. After the auction of aforesaid property, report be submitted to this Court.
4. Matter be forwarded to the Office of Commissioner for taking Accounts, High Court Judicature at Bombay to carry out auction process.
5. The Registrar City Civil Court is directed to take necessary steps for forwarding the order and documents required to the Office of Commissioner.
6. Both the parties to take necessary steps in compliance of the order.
Matter stands adjourned on 18-11-2024 for report.
Next Purpose: REPORT
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: D/H/Plaintiff No. 6 is in person present.
D/H/Plaintiff No. 17 is in person present.
Matter stands adjourned on 14-02-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Chinmay Apte for D/H present and seeking extension of time for service.
J/D/defendant No. 1 in person present.
Matter stands adjourned on 06-05-2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Chinmay Apte for Plaintiff/D/H present.
Defendant No.1/J/D present.
Matter stands adjourned on 19-06-2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Chinmay Apte alongwith D/H present.
None for J/D present.
Smt. Shonali K. Dighe, Court Commissioner for Taking Account, (High Court Bombay) is present and filed the report. Marked at Exh.11.
In view of the submission of Ld. Court Commissioner and Advocate for D/H, the Court Commissioner is granted time to execute the Decree by selling the suit property in term of statements made in para No. 11 of the report. Or the Court Commissioner shall see the decree is executed in terms of order dtd. 13.08.2024.
Matter stands adjourned to 03-07-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: P. O. IS ON LEAVE.
Next Purpose: REPORT
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Chinmay Aapte for D/H present
Advocate S. D. Muley for J/D/defendant Nos. 1 to 7 present.
Mr. S. C. Shivdavkar , S. O. and Mr. R. T. Nagtilak, Clerk, Office of Commissioner for taking accounts, High Court Bombay present and filed report at Exh.12. Both parties including the plaintiff and defendant Nos. 1 to 7 agreed with the report at Exh.12. In view of report permission is granted as sought vide prayer clause (b) and (c). After compliance of prayer clause (b) and (c) of the report the Commissioner is permitted to disbursed amount as prayed vide clause (d).
Learned Advocate for the defendants filed pursis. Marked at Exh.13 on behalf of intended purchaser, who have deposited amount of sale with the Court Commissioner. O- Seen. In view of pursis Exh.13 the Court Commissioner is permitted to disburse amount as per shares declared. Accordingly, Court Commissioner to file final report.
Matter stands adjourned to 20-08-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Adv. Chinmay Apte for Plaintiff present.
Defendant no.1 and 7 in person present.
Adv. S.D. Mulye for JD no.1 present.
Both seek time to comply requisition of the court commissioner. Time granted till next date.
Mr. Rajendra T. Nagtilak, representative of court commissioner present and filed report at Exh.14
Matter stands adjourned to 12-09-2025 for Report.
Next Purpose: REPORT
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Chinmay Apte for D/H present.
Advocate S. D. Mulye for J/D No.1 present.
Mr. Rajendra T. Nagtilak, Clerk, Representative of Commissioner for taking Account, High Court Bombay present and filed report at Exh.15. O - Seen.
By consent, matter stands adjourned to 03-10-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate S. D. Muley for J/D/defendant No.1 present.
Smt. Shonali K. Dighe, Commissioner for taking account, High Court, Bombay present.
By consent, matter stands adjourned for report to 13-10-2025.
Later on Advocate Chinmay Apte for D/H /plaintiff present.
Next Purpose: REPORT
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Chimay Apte for applicant/D/H present.
Advocate S. D. Muley for J/D/defendants present.
Smt. Shonali K. Dighe, Commissioner for taking account, High Court, Bombay present and filed report at Exh.16. and submits that both parties have filed consent terms vide Exh.A, now marked as Exh.17. Copy of distribution sheet marked as Exh.18 to which a paper having signatures of both parties is attached. The report Exh.16 is also accompanied with list of documents that Court Commissioner received and list of persons, to whom amount is to be distributed. Both documents marked as Exh.19 and Exh.20. O - Seen. Advocate for the D/H and J/D submit that the proceeding be closed as decree is fully satisfied. The Court Commissioner also submits that once order dtd. 21.07.2025 is complied, the Court Commissioner be discharged. Thus, in view of submission of both side, Court Commissioner and its report the proceeding is closed as decree is satisfied. Accordingly Court Commissioner, after compliance of previous order, is discharged.
Nature Of Disposal: OTHER
Disposal Date: 13-10-2025Additional Case Details
Additional Case Details
Filing Number: 102246/2018 Filing Date: 09-02-2018 First Hearing Date: 14th February 2018 Decision Date: 13th October 2025 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
2Final Order 113 Oct 2025
13 Oct 2025
Order Details: Other Pdf Text: 13.10.2025 Sr. No. 25 EA 48/18 SU 7947/01 Exh.16. Exh.17 Exh.18 Exh.19 and Exh.20. CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) Advocate Chimay Apte for applicant/D/H present. Advocate S. D. Muley for J/D/defendants present. Smt. Shonali K. Dighe, Commissioner for taking account, High Court, Bombay present and filed report at Exh.16. and submits that both parties have filed consent terms vide Exh.A, now marked as Exh.17. Copy of distribution sheet marked as Exh.18 to which a paper having signatures of both parties is attached. The report Exh.16 is also accompanied with list of documents that Court Commissioner received and list of persons, to whom amount is to be distributed. Both documents marked as Exh.19 and Exh.20. O - Seen. Advocate for the D/H and J/D submit that the proceeding be closed as decree is fully satisfied. The Court Commissioner also submits that once order dtd. 21.07.2025 is complied, the Court Commissioner be discharged. Thus, in view of submission of both side, Court Commissioner and its report the proceeding is closed as decree is satisfied. Accordingly Court Commissioner, after compliance of previous order, is discharged. Judge -- 1 of 1 --
Order 113 Oct 2025
13 Oct 2025
Order Details: Other Pdf Text: 13.10.2025 Sr. No. 25 EA 48/18 SU 7947/01 Exh.16. Exh.17 Exh.18 Exh.19 and Exh.20. CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) Advocate Chimay Apte for applicant/D/H present. Advocate S. D. Muley for J/D/defendants present. Smt. Shonali K. Dighe, Commissioner for taking account, High Court, Bombay present and filed report at Exh.16. and submits that both parties have filed consent terms vide Exh.A, now marked as Exh.17. Copy of distribution sheet marked as Exh.18 to which a paper having signatures of both parties is attached. The report Exh.16 is also accompanied with list of documents that Court Commissioner received and list of persons, to whom amount is to be distributed. Both documents marked as Exh.19 and Exh.20. O - Seen. Advocate for the D/H and J/D submit that the proceeding be closed as decree is fully satisfied. The Court Commissioner also submits that once order dtd. 21.07.2025 is complied, the Court Commissioner be discharged. Thus, in view of submission of both side, Court Commissioner and its report the proceeding is closed as decree is satisfied. Accordingly Court Commissioner, after compliance of previous order, is discharged. Judge -- 1 of 1 --
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