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EXECUTION APPLN

PANKAJ BABULAL JAINVsNANDKISHOR DADASAHEB THORAT

CNR MHCC01002437201885-COURT NO 85 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100053/2018
Registration Date
14 Feb 2018
Next Hearing Date
15 Sept 2026
Case Stage
FOR TAKING STEPS

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 warrant

    Case History / Proceedings

    Case History
    Date: 08-03-2018
    Business: Parties and Advocate absent.  Adjourned to 11/04/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-04-2018
    
    Date: 11-04-2018
    Business: Mr. Durgesh Kulkarni Advocate for plaintiff present. He prays for issue of warrant of attachment under order XXI Rule 43 and  54 of CPC without issuing Notice as the Execution Application is filed within two years of passing Decree. He has also furnished copy of judgment of Hon\''ble Bombay High Court, reported in 2004 (5)Bom.C.R.673 in  respect of attachment of tenanted premises. Hence, upon perusing the said judgment, issue warrants as prayed for returnable on 05/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Ms.Deepika More, Advocate for Plaintiff present.  On request of Ms.More, adjourned to 07/09/2018.  Returnable date of warrants extended till that date.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Ms.Deepika More, Advocate for Plaintiff present.  Affidavit of service dated 07/09/2018 in respect of warrants of attachment, tendered by Ms. More, is t.o.r. and marked as Exh.B.  Ms. More submits that the Defendant has expired, and therefore, she seeks time to take further steps to bring the legal heirs of the Defendant on record.  Hence, on her request, adjd to 10/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Parties and Advocate absent, adjd to 13/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Parties and Advocate absent, adjd to 09/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Parties and Advocate absent, adjd to  18/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Shri. Hitesh Shah, advocate for plaintiff present. On request of Shri. Shah, for taking further steps, in respect of expired defendant, adjourned to 13/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Miss. Parisha Shah, advocate for plaintiff present. Miss. Shah, has tendered the application for amendment in exe.application, taken on record and marked as Exh.C. Ms. Shah, undertakes to raze the  warrants of attachment issued on 25/06/2018. Hence upon perusing the application and upon hearing Ms. Shah, amendment application is allowed. Amendment be carried out and notice against legal heirs of the defendant be issued returnable on 22/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Miss. Kajal Hindalekar, advocate for plaintiff present. Matter is taken on baord by way of praceipe, marked as Exh.D. Ms. Hindalekar has tendered application to grant extension of time to bring legal heirs of the deceased the defendant on record, taken on record and marked as Exh.E. Application allowed, amendment be carried out and notice be issued against legal heirs after amendment returnable on 12/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Ms. Kajal Hindalekar, advocate for the Plaintiff present. Ms. Hindalekar seeks time for completing service, upon legal heirs and on her request, adjd to 05/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Ms. Kajal Hindalekar, advocate for the Plaintiff present. Shri. B. K. Raje, advocate for the Defendant present. Ms. Hindalekar has tendered affidavit of service in respect of service upon legal heir of the defendant, taken on record and marked as Exh.F. Shri. Raje, has tendered Vakalatnama for the legal heir of the defendant, taken on record and marked as Exh. G. Shri. Rajes seeks time to file reply, stating that he is applying for the Certified Copies of entire exe.application. Certified copies, if applied for, are expedited. Hence by consent, adjd to 19/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Shri. Durgesh Kulkarni, advocate for the Plaintiff present. Shri. B.K. Raje, advocate for the Defendant present. As Court is on leave, board discharged and adjd to 24/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Shri. B.K. Raje, advocate for the defendant present.
    None for the plaintiff.
    Shri. Raje has tendered the affidavit in reply of applicant, taken on record and marked as Exh-H. Shri. Raje states that Notice of Motion preferred in the matter is made returnable in Court No.28 on 26/11/2019 and prays that the present exe.application be also submitted to the Court No.28.
    Hence, the matter is hereby submitted to the Honourable Court No.28 on 26/11/2019. Office to take steps to assign this matter to the Honourable Court No.28. Parties and advocates to appear before the Court No.28 on 26/11/2019.
    Later on, Ms. Kajal Hindalekar, advocate for the plaintiff appeared and she has been informed about the todays roznama.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Raje present for Legal representative of deceased JDR
    Adv. Ms. Kajal present for the plff.
    Adj. For Reply on 14/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Kajal hindle for plaintiff.
    Adv. Raje for defendant.
    Adjd to 30.03.2020 for reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. Kajal Hindalekar for plaintiff
    Adv. Raje for defendant.
    Adjd to 03-05-2021
    Next Purpose: REPLY
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Advocate Tanvi Vira for plaintiff present.
    None for defendant.
    Advocate of plaintiff filed affidavit in reply of NM.
    O- read and recorded.
    Matter is adjd to 14-12-2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv.  Kajal Hindalekar for the DH  is present.
    Adv.  Mr. Raje applicant is present and requested time for filing rejoinder.
    Matter is adjd. to 08/02/2022 for filing rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
    Matter is adjd. to 07-04-2022 for Rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Advocate Ms. Kajal Hindlekar for DH present.
    Advocate Mr. Raje for applicant present.
    Matter is adjd. for rejoinder to 24-06-2022.
    Later on
    Advocate Mr. Raje filed rejoinder to NM 4021/2019. TOR
    Copy be serve to other side.
    Next Purpose: REJOINDER
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: P. O. is on leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: As court is vacant
    Next Purpose: REJOINDER
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: As court is vacant
    Next Purpose: REJOINDER
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: As court is vacant
    Next Purpose: REJOINDER
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv.Ankita Rathod present for DH.
    None present for JD.
    KB.
    Adv.Ankita Rathod present for DH.
    Son of JD present, seeking time. Time is granted.
    Matter stands adjourned to Rejoinder on 11-08-2023.
    Next Purpose: REJOINDER
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: As P.O. is on leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: REJOINDER
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv.Rashmi Yadav present for DH/plaintiff.
    Son of JD present in person. Seeking time. Time is granted.
    Matter stands adjourned for rejoinder on 17-01-2024.
    Next Purpose: REJOINDER
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: None present.
    KB.
    L.O. at 1.40 pm.
    Adv. Vaishnavi Jhaveri i/b Lexfirmus for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned for rejoinder on 03-04-2024.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: Adv. Durgesh rege  for Decree Holder.
    Judgment Debtor present in person. Seeking time. Time is granted.
    Matter stands adjourned for rejoinder on 03-07-2024.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: P. O. is on Leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: Adv. Homkalas for decreeholder present. He is seeking time. Time granted.
    None present for judgment debtor.
    Matter stands adjourned to 05.11.2024 for Notice of motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
    Adv. Harsh Pathak for Decree holder present
    JD absent.
    Decree Holder is at liberty to proceed with execution.
    Matter stands adjourned to 04.01.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: As court is vacant, adjd to matter
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: As court is vacant. Hence, matter is adjd. to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-04-2025
    
    Date: 29-04-2025
    Business: As court is vacant Board discharged and adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2025
    
    Date: 16-06-2025
    Business: As court is vacant. hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: Adv. Mayank N. Mishra a/w harsh Pathak i/b Lex firms for  decree holder present.
    None for judgment debtor.
    Applicant in Notice of motion is absent.
    Heard Decree Holder on  the Notice of Motion No. 4021/19.
    Matter stands adjourned to 29.08.2025 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: Adv. Harsh Pathak present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned to 20-09-2025  for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: None present.
    Kept back.
    Later on at 4.05 pm.
    None present.
    Matter stands adjourned to 18-11-2025 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: Adv. Harsh Pathak i/b Lex Firmus present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned to 16-12-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2025
    
    Date: 16-12-2025
    Business: As the presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: P. O. is on leave. Matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 10-02-2026
    
    Date: 10-02-2026
    Business: P. O. is on leave. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 21-02-2026
    
    Date: 21-02-2026
    Business: Decree Holder and Judgment Debtor are absent.
    Adv. Pradeep Chourasia present for Decree Holder undertake to take steps. Hence, last chance is granted if positive steps are not taken on or before next date then E.A. will be disposed off accordance with the law.
    Matter stands adjourned to  06-03-2026 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2026
    
    Date: 06-03-2026
    Business: Decree Holder and Judgment Debtor are absent.
    The age of the E.A. is 08 yrs old.
    Adv. Harsh Pathak is present for Decree Holder who intends to file application for attachment warrant however, he has been apprised the Judgment and Order in the W.P. 9357/13 dated 19-10-2013 in Anandrao Vithoba Powar v/s Mumbai Repair and Reconstruction Board and Ors and Honble Bombay High Court has observed in para No.06 of the said Judgment as under
    Even if the advocate or the parties where to make a mistakes and filed such an application, it was the duty of the concerned court to guide the advocates and the litigants by directing them to file an application in proper format
    Hence, direction is given the ld. advocarte to take out appropriate proceeding as per BCC Rules 1948 hence, matter is adjourned as a last cahcne for taking steps else it would be disposed of for want of vigilant steps.
    Matter stands adjourned to 20-03-2026 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-03-2026
    
    Date: 20-03-2026
    Business: Decree Holder and Judgment Debtor are absent.
    Adv. Pradeep Chourais present for Decree Holder, tendered Draft Chamber Summons along with affidavit TOR.
    O- Leave granted to register.
    Matter stands adjourned to 30-03-2026 for Chamber Summons
    reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-03-2026
    
    Date: 30-03-2026
    Business: Decree Holder and Judgment Debtor are absent.
    Adv. Harsh Pathak i/b Lex Firmus present for Decree Holder.
    Registered Chamber Summons No.759/26 is available on record filed on 20-03-2026 no reply filed by Judgment Debtor hence, proceeded without reply.
    Heard.
       Order in Chamber Summons
            Heard the ld. Advocate harsh Pathak who apprised the court that the purpose of filing present Chamber Summons for issuing fresh warrant of attachment under order 21 rule 43 of the movable and immovable properties. Chamber Summons is supported by affidavit of Pankaj Jain Decree Holder. However, surprisingly no movable and immovable list attached with Chamber Summons alongwith proof which are reflected in E.A/. belongs to Judgment Debtor / org. defendant for the reaosns that shockingly and surprisingly court came across in several E.A. the property attached where not belonging Judgment Debtor and E.A are pending by intervenor notices of motion for setting aside the attachment hence, Decree Holder is directed to file documentary proof the property shown in E.A. are belongs to Decree Holder much less immovable property hence, Chamber Summons is disposed off accordingly.  Chamber Summons is allowed, subject to furnishing property attached immovable and movable.
    Matter stands adjourned to  05-05-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2026
    
    Date: 05-05-2026
    Business: None present.
    Removed from the caption of compliance and kept for steps/dismissal.
    Matter stands adjourned to 09-06-2026   for steps/dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2026
    
    Date: 09-06-2026
    Business: As court is vacant. Hence, matter is adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-08-2026
    
    Date: 18-08-2026
    Business: Adv. Hiten Lala present for Decree Holder and sought time to take steps by filing Chamber Summons.
    None present for Judgment Debtor.
    Matter stands adjourned to 15-09-2026  for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102100/2018
    Filing Date: 14-02-2018
    First Hearing Date: 08th March 2018
    Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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