Indubai W- o Ramchandra KakadeVsRanjana Vilas Kakade And ors

Date: 11-03-2019
Business: Adv. Mishra for plff./DH present and has tendered registered Ch/sum No.464/19 along with supporting affd and report of service through bailiff t.o.r
The respondent Sujata Dodake and Pankaj Kamble are duly served with the Ch/sum as per the aforesaid report of bailiff. They have failed to appear and hence, the Ch/sum No.464/19 shall proceed exparte against them.
Matter is adjd. to. 26.03.2019 for hearing on Ch/sum
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
As court is busy in other matters, On request of Adv. for applicant Matter is adjd. to. 05.04.2019 for hearing on Ch/sum No.464/19.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Vijay Mishra for plff/DH present.
D/1 in person present.
Heard the Ld. adv. for plff on the Ch/sum No.464/19.
The D/1 seeks adjournment Matter is adjd. to. 10.04.2019 for hearing on Ch/sum No.464/19.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Adv for plaintiff present.
Deft. present.
Adv for the defendant absent.
The defendant no.1 in person present and submits that her advocat\''s son is suffering from illness and seeks for adjournment. As a last chance, Matter is adjd. to 23/04/2019 for hearing on execution application.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adv. Mishra for plff present.
Adv. for deft no. 1 present.
Heard ld advocate of DH.
At the request of advocate for defendant/JD 1 and 2 matter is adjd. to. 26/04/2019 for hearing them submission on CS.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv for plff present.
Adv  for D/1 present.
D/2 and the respondents of the Ch/s are absent.
Heard the L.d adv of D/H on Ch.s no. 464/19. The l.d of Deft 1 is seeking adjournment but the adjournment is refused in view that already sufficient opportunities have in given.
Heard the l.d adv of J/d 1. he has submitted that the J/d has no accommodation to live expect the suit premises.
Matter is adjd. to. 04.05.2019 for order on Ch/s 464/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Adv. for Plff. present.
Adv. Babita Pandey for D/1 and 2 present and  undertakes to file V.P as  NOC of earlier adv is requirer to be obtained. She has filed application for adjournment singed by D/1. D/1 is also present. Heard the adv  Babita Pandey. However already sufficient opportunities  have been given on last so many days. The ld. adv of the D/D has strongly apposed the adjournment application and it appears that his opposition is to some extend right because since last so many dates at the instant at the D/1 the matter is been adjournment  for passing order in respect of issuance of possession warrant as per the decree under execution . However considering submission of the aforesaid adv for D/1 that the defs. are very much poor and could not appropriate steps to put there case, as a last chance the matter may be adjournment in the interest of justice.  Hence the application is rejected.
Matter is adjd. to. 06.06.2019 for order on Ch.s No.464/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Adv.Mishra  for plff.  present.
Adv. Babita pandy for D/1 and 2 present and has file V.P. of D/1 and 2 along wit application to allow to file V.P without NOC of earlier adv. t.o.r.
Adv. of D/1 and 2 has filed draft N.M and is seeking leave to register it. Leave granted.
As the D/1 and 2 has filed N.M. today to stay the execution processing, the l.d adv. of the D/1 and 2 has requested to deffer the passing of the order on plff Ch.s for removing the obstruction in the execution proceeding and for  issuing fresh possession  warrant. The ld. adv. of the plff. strongly objected to the said request containing that execution proceeding can not be stayed on any notice of motion by the executing court. He has also submitted that the defts Ch/s No. 2106/17 filed earlier  similar  request of stay to the execution  is disposed of by order dtd. 15.02.2018 . He has submitted that N.M. no. 203/18 taken out by the defts. for setting aside the      ex-parte decree has also been dismissed by order dtd. 09.07.2018. There for the ld. adv. of the plff has submitted the matter may be not adjourned any more for passing order on Ch.s of the plff. for issuing fresh  possession warrant. The ld adv. of the defts submits that as the rainy session is about to arrive for some period the execution is stay by deffering the order to passed on Ch/s. Examine the aforesaid submissions. I find merits in the aforesaid submissions of ld. adv. of the plff. and therefore the request of adv of deft to deffer the passing of order Ch/s.No. 464/19 of plff. is rejected. Hence I have taken up Ch.s no. 464/19 for passing order thereon.
FRSR following order is passed on Ch.s no. 464/19.
1.  The chamber summons No. 464 of 2019 is allowed the following terms.
    (i) The obstructions raised by defendants and respondents are here by removed and it is directed that fresh possession warrant be issued in terms of prayer clause (a) and (b) of the Chamber Summons with condition that the said possession warrant shall be issued  only after 15.07.2019.
2.  In this terms, the Chamber Summons stands disposed of accordingly.
Matter is adjd. to. 16.07.2019 for issuing possession warrant.
Next Purpose: REPORT
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: None for the parties present.
Matter is adjd. to.03.08.19  for report of Ch.s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Court is vacant.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Mishra for D/H present.
None for J/D.
Since P.O is under transfer, adjd for Report to 17.01.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
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: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2020

Date: 22-02-2021
Business: Adv Vijay Mishra for DHR present.
CS 464/2019 is disposed of on 06/06/2019, hence it be removed from CIS.
Nature Of Disposal: OTHER
Disposal Date: 22-02-2021

Main Case No: EXECUTION APPLN/0100605/2016
Main Cnr: MHCC010091932017
Main Filing No: -

Registration Number: 100464/2019
Transfer Date: 17-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 102593/2019
Filing Date: 01-03-2019
First Hearing Date: 11th March 2019
Decision Date: 22nd February 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE