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EXECUTION APPLN

Chandrakant Chhagalal JainVsAplesh Devang Academy and Anr. +1 more

CNR MHCC01002669202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 03rd March 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100157/2020
Registration Date
29 Feb 2020

Advocates

1

For Petitioner

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: 16-03-2020
    Business: Shri Ramesh Jain, Advocate for Plaintiff present.
    On request of Shri Jain for taking further steps matter adjourned to 17/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Shri Ramesh Jain, Advocate for plaintiff present. Shri Jain prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Shri. Jain states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 22/06/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Parties and advocate are absent adjourned to 19/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Parties and advocate are absent.
    Matter adjourned to 12/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 22/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Shri Ramsh Jain, Advocate for plaintiff present.
    On request of Shri Jain,  adjourned to 29/11/2021, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: As Court is on leave, board discharged and matter adjourned to 15/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: In view of Office Order No.07 of 2022, matter adjourned to 28/02/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Shri Ramesh Jain, Advocate for Plaintiff present.
    On request of Shri Jain, matter adjourned to 27/04/2022, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Parties and advocate absent adjourned to 15/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: As court is on leave, board discharged and adjourned to 20/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Shri Ramesh Jain advocate for plaintiff present.
    On request of Shri Jain for taking further steps, adjourned to 06/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Shri Ramesh Jain, Advocate for plaintiff present.
    Shri Jain seeks short adjournment to bring on record bailiff report in respect of execution of warrants of attachment and thereafter to take further steps and on his request matter adjourned to 18/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Shri Ramesh Jain advocate for plaintiff present.
    Exe.application marked as Exh.A(Colly.).
    Shri Jain has tendered original warrant U/o.XXI, Rule 54 of CPC with bailiff report pasted thereon taken on record and marked as Exh.B.
    Shri Jain states that warrant U/o.XXI, Rule 43 could not be executed and has therefore, filed application alongwith the copy of warrant with copy of bailiff report, seeking police assistance to execute the said warrant, t.o.r. marked as Exh-C.
    Upon hearing Shri Jain application seeking police assistance is allowed.
    Shri Jain undertakes to furnish the details of police station to this office, of which assistance is required, enabling this office to prepare appropriate letter to be sent to the said police station.
    Office to comply accordingly and awaiting report of execution of warrant U/o.XXI, Rule 43, matter adjourned to 03/10/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Shri Ramesh Jain, Advocate for plaintiff present.
    On request of Shri Jain for compliance of order passed on last occasion, matter adjourned to 24/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Shri Ramesh Jain, Advocate for Plaintiff present.
    On request of Shri Jain adjourned to 13/01/2023 by extending the returnable date of warrant U/o.XXI, Rule 43 of CPC, for execution of which police assistance has been granted by this Court.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Shri Ramesh Jain Advocate for Plaintiff present.
    On request of Shri Jain, seeks adjournment to file report  in respect of non execution of warrant of attachment U/o.XXI, Rule 43 of CPC and to take further steps and on his request matter adjourned 20/02/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Shri Ramesh Jain advocate for plaintiff present.
    On request of Shri Jain matter adjourned to 06/04/2023, for filing of report of None execution of warrant of attachment U/o.XXI, Rule 43 of CPC and for taking steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Shri Ramesh Jain advocate for plaintiff present.
    Shri Jain submits that the Notice of Motion taken out by the defendant in the matter by the defendant pending in Court No.61, is being placed before ensuing Lok Adalat and seeks adjournment beyond the date of Lok Adalat.
    Hence, adjourned to 04/05/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Parties and advocate are absent, matter adjourned to 06/07/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Parties and Advocate absent, adjourned to 08/09/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Parties and Advocate absent adjourned 18/10/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: Parties and Advocate absent adjourned 07/12/2023, by way of last chance.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Parties and Advocates are absent matter adjourned, by way of last chance to 02/01/2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: Shri Ramesh Jain, Advocate for plaintiff present.
    Shri Jain submits that Notice of Motion No.578 of 2022 taken out by the defendant is pending before Court No.81 at Mazgaon Court, presently adjourned to 05/02/2024 and it will be appropriate to transfer the present Exe.Applilcation to Court No.81 at Mazgaon Court to be heard alongwith the said Notice of Motion.
    Hence, the present execution application be transferred to Court No.81 at Mazgaon Court, by taking assignment.
    Office to take steps to assign the matter to Court No.81 at Mazgaon Court.
    Parties and advocates to appear before Court No.81 at Mazgaon Court on 05/02/2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for decree holder is present.
    Adv. Pallavi Gaikwad h/f Adv. Pise for judgment debtor is present.
    There is posibility of settlement between the parties. Hence, matter is referred to lokadalat to be held on 03.03.2024.
    Matter is adj to 03.03.2024 for lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 03-03-2024
    
    Date: 03-03-2024
    Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (PANEL NO.14)
    Matter pertaining to CR No.81
    Plaintiff is present.
    Defendant no. 2 is present.
    Adv. S.K. Pise for all defendants is present.
    Exh. D Colly. - Consent Terms and copies of Aadhar Card.
    Exh. C colly. – Terms of Compromise and Award
    ORDER : Exexution proceeding no. 157 of 2020 are disposed off in terms of Exh. D and Exh. C.  NM No. 561 of 2020 and 578 of 2022 are also disposed off accordingly.
    Nature Of Disposal: LOKADALAT
    Disposal Date: 03-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102172/2020
    Filing Date: 29-02-2020
    First Hearing Date: 16th March 2020
    Decision Date: 03rd March 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Mar 2024
    Order Details: Other
    Pdf Text: 28 03/03/2024
    NM No.
    561/2020
    578/2022
    Exe.APP. No.
    157/2020
    in dis. Sum
    Civil Suit
    568/2019
    Exh.D colly.
    Exh.C colly.
    NATIONAL LOK-ADALAT HELD ON 03.03.2024 (PANEL NO.14)
    Matter pertaining to CR No.81
    Plaintiff is present.
    Defendant no. 2 is present.
    Adv. S.K. Pise for all defendants is present.
    Exh. D Colly. - Consent Terms and copies of Aadhar Card.
    Exh. C colly. – Terms of Compromise and Award
    ORDER : Exexution proceeding no. 157 of 2020 are disposed off
    in terms of Exh. D and Exh. C. NM No. 561 of 2020 and 578 of
    2022 are also disposed off accordingly.
    HHJ.Shri.V. S.GAIKE Prof. Akhtar A. Kazi
    Panel Head Panel Member
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