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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay 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: 15-09-2026Additional 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
0No order text is available in this record.
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