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EXECUTION APPLN

Mohanlal Pragji Ratda +1 moreVsM/s. Gerarie Enterprise and Developers Pvt. Ltd.

CNR MHCC010025472020966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th December 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100152/2020
Registration Date
28 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 12-03-2020
    Business: Ms. Aarti Sharma, advocate for the plaintiff present.
    On request of Ms. Sharma, for taking further steps/instructions, adjd to 13/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Ms. Aarti Sharma, advocate for the plaintiff present.
    Ms. Sharma states that the suit flat has not been sold by the builder to any third party and the possession thereof has not yet been handed over to the plaintiff, despite decree passed in favour of the plaintiff.
    She therefore, prays for issue of notice before execution as to why the warrant of possession should not be issued.
    Hence, issue notice as prayed for, returnable on 15/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Parties and advocate are absent adjourned to 25/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Shri Aditya Modi advocate for plaintiff present.
    On request of Shri Modi matter adjourned to 16/03/2021, by extending returnable date of notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Shri Aditya Mody advocate for plaintiff present.
    On request of Shri Mody for completing service, matter adjourned to 22/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: plaintiff present.
    On request of plaintiff for completing service adjourned to 30/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Plaintiff present, his advocate absent.
    None for defendant.
    On request of plaintiff, adjourned to  16/04/2021, for completing service.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Today being declared holiday, adjourned to 30/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 20/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 05/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Shri Jayant Puranik, Advocate for Plaintiff present.
    Exe.application marked as Exh.A(Colly.)
    Shri Puranik has tendered original unserved notice alongwith bailiff report endorsed thereon, t.o.r. and marked as Exh.B.
    As notice could not be served, on request of Shri Puranik notice be served by way of publication, returnable on 25/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: As Court is on leave, board discharged and matter adjourned.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Plaintiff present.
    Plaintiff has tendered affidavit of service in respect of service of notice by way of publication t.o.r. and marked as Exh.C.
    On request of plaintiff, for taking further steps, adjourned to 30/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Shri S.S.Redekar, Advocate for plaintiff present.
    Shri Redekar prays for issue of warrant of possession u/o.XXI, Rule 35 of CPC, by making absolute the notice issued against defendant, as the defendant though served neither appeared not filed any reply.
    Hence, upon perusing affidavit of service and upon hearing Shri Redekar, notice issued against defendant is hereby made absolute and issue warrant as prayed for, subject to filing of an usual affidavit by the plaintiff, returnable on 04/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Ms.Remedios, Advocate for Plaintiff present.
    Matter is taken on board by way of praecipe, marked as Exh-D.
    Ms.Remedios tendered original warrant of possession alongwith bailiff report stating non execution of warrant of possession, t.o.r. marked as Exh-E.
    Ms.Remedios prays of submitting the matter to Court Room No.1, stating urgent application taken out by plaintiff seeking certain reliefs is pending before Court Room No.1.
    Hence, matter is hereby submitted to Honourable Court No.1 on 20/09/2021.
    Office to take steps to assign the matter to Court No.1.
    Parties and advocates to appear before Court No.1 on 20/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: DH Mohanlal Ratda is present.
    KB at 2.45 p.m.
    LO at 3.45 p.m.
    Adv.Redekar for DH is present.
    Adv.for DH filed an application t.o.r marked as Exh.F.
    O- Perused the application. Also perused the Bailiff report which is at page no.9. The prayers in general report and page no.11 also makes it clear that now the new flat number is given 302. Hence, Bailiff to executed decree as per rules. All the necessary charges and formalities to be completed by DH. Application Exh.F is allowed and disposed of.
    Matter be sent back to Registrar for compliance.
    Matter adjd for report on 04.10.2021.
    Next Purpose: REPORT
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Parties and Advocate absent matter adjourned to 16/11/2021.
    Next Purpose: REPORT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: As Court is on leave, board discharged and matter adjourned to 07/12/2021.
    Next Purpose: REPORT
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Shri Mohan Pragji plaintiff present.
    Shri Pragji has tender bailiff report
    Plaintiff tendered true copy of Bailiff report in respect of execution of warrant of possession, t.o.r., marked as Exh-G.
    As per report warrant is duly executed and as such, nothing survives in the matter and accordingly, Exe.Application stands disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 07-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102764/2020
    Filing Date: 28-02-2020
    First Hearing Date: 12th March 2020
    Decision Date: 07th December 2021
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    0

    No order text is available in this record.

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