Shri. Dattatraya Jayant WorlikarVsShri. Ramsamuj Ramjor Kurmi @ Verma

Date: 18-03-2020
Business: Shri Sanad Desai, Advocate for plaintiff present.
On request of Shri Desai, for taking further steps, adjourned to 03/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2020

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

Date: 10-12-2020
Business: Parties and advocate are absent adjourned to 07/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Shri Sanad Desai Advocate for plaintiff present.
On request of Shri Desai issue Notice U/o.XXI Rule 22 of CPC, returnable on   08/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Shri Sanad Desai advocate for plaintiff present.
On request of Shri Desai adjourned to 23/03/2021, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Ms. Neha Tikam h/f Shri Sanad Desai, advocate for plaintiff present.
Exe.application marked as Exh.A(Colly.).
Matter is taken on board by way of praecipe, marked as Exh.B.
Ms. Tikam has tendered Original unserved Notice u/o.XXI, Rule 22 of CPC, along with bailif report endorsed thereon t.o.r. and marked as Exh.C.
On account of non service, Ms. Tikam  has tendered application for substitute service by way pasting, t.o.r and marked as Exh.D.
Upon hearing Ms. Tikam issue fresh Notice to be served by way of pasting returnable on 08/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Shri Sanad Desai, Advocate for plaintiff present.
As court is on leave, board discharged and matter 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 04/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Shri Sanad Desai advocate for plaintiff present.
Original notice with report in respect of service by way pasting tendered by Shri Desai t.o.r. and marked as Exh.E.
Shri Desai prays for issue of warrant of possession stating that despite service the defendant neither appeared before this Court nor handed over the possession to the plaintiff.
Hence, upon perusing affidavit of service, issue warrant of possession, subject to tendering usual affidavit by the plaintiff, returnable on  21/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Shri Sanad Desai advocate for plaintiff present.
Shri Desai has tendered bailiff report in respect of non execution of Writ of Possession, t.o.r and marked as Exh.F.
Shri Desai states that matter be referred to the Court as the plaintiff wants to take forcible possession by making appropriate application to the Court.
Hence, matter is hereby submitted to the Honourable Court on 27/09/2021.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Court as may be assigned, on 27/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv. Sanad Desai for applicant present.
	None present for Defendant.
	Perused the Bailiff report.  It is not satisfactory.  Merely the deft. refused to handover the possession of the suit premises, may not be the cause to not execute the possession warrant.  A sincere attempt on the part of Bailiff was required.  Therefore re-issue possession warrant with a direction to the concerned Bailiff to make a proper attempt of executing the warrant and in case of refusal of JD to give the possession of suit premises, then take the appropriate steps even seeking police help/Aid and execute the warrant.  In that case the concerned police station to provide the necessary help on getting deposited the necessary charges from pltff.
	Matter adj. to 21/12/2021 for Report.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Court is Vacant.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Court is Vacant.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: At 4.30 p.m.
Advocate Pratik Korgoankar h/f Adv Sachin Kadam for DH present.
None for defendant/JD.
Before the possession warrant as per order dated 27.09.2021, is not on record.
Adjd on 30.06.2022  for report
Next Purpose: REPORT
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv Sanad Desai for Plff-DH present.
Advocate for DH tendered application to take the matter on today\''s board t.o.r. and marked as Exh.2.  Order - Application is Allowed.
He further submitted original writ of possession t.o.r and marked as Exh. 3
He also tendered application for appointment of surveyor for measuring t.o.r and marked as Exh.4.
Kept back.
Later on 4.05 p.m.
Adv Sanad Desai for Plff.DH present.
Heard part argument on Exh.4
Adjd on 10.06.2022 for further argument on Exh. 4.
Next Purpose: REPORT
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Matter called out at 12.51 p.m
None for plaintiff.
None for defendant.
Matter is adjd on 02.08.2022 for Report
Later on at 4.10 p.m.
Advocate Shri Sanad Desai for DH present.
None for JD.
He request preponment of the date for argument on application Exh. 4.
Considering urgency,  matter be fixed on 30.06.2022 for argument on Exh. 4.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Matter called out at 11.25 a.m.
Adv. Pratik Korgoankar h/f adv Sanad Desai for JD present.
Adv  for DH absent.
Matter is adjd on 05.07.2022 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv Sanad Desai for plff DH present
None for Defendant
Heard part arguments of Adv for DH.  Adv for DH seeks to produce plaint and another document.
Matter is adjd on 18.07.2022 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Matter called out at 11.15 am
Adv  for plff DH present
Adv  for Defendant
K.B.  at  on request L.O. at 3.08 pm
Adv for DH tendered compilation of documents.
Matter is adjd on 02.08.2022 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Matter called out at 11.38 am
None  for plff
None for Defendant
K.B.   for order
Later on at 4.09 pm
Matter is kept today for passing order on application Exh 4 filed by DH for appointment of surveyor to carry out measurement.  I have perused the record.  Decree is for possession of suit property consisting of premises ad-measuring 180 sq. ft. of plot bearing new survey No. 557 ad-measuring about 117 sq. yards.  Record shows that warrant of possession was issued.  Report of the Bailiff, dated 01.09.2021 indicates that when Bailiff visited to the suit property to execute the warrant, defendant JD refused to give possession of suit premises and therefore, the writ of summons could not be executed.  The court re-issued the possession warrant vide order dated 27.09.2021 with direction to the Bailiff to take appropriate steps and to execute the warrant.  Thereafter, report dated 18.12.2021 is submitted by Bailiff by mentioning that writ of possession does not specify which portion of the plot is to be given to the plaintiff.  The said report does not indicate that Bailiff visited the suit premises for execution of the writ of possession.  In earlier report dated 01.09.2021, it is mentioned that four brick walls are standing on the suit area.  There does not appear any dispute about identification of the suit property. On enquiry, adv for plff DH submitted that entire plot is vacant. Admittedly the entire plot is owned by the plaintiff and his family members. Therefore, there does not appear to be any issue regarding identification of the property, for execution of writ of possession.  In these circumstances, following order is passed.
Order
1.  Re-issue Writ of Possession.
2. In case of any obstruction by the defendant JD, Bailiff to take coercive steps pursuant to the directions issued by the Court in order dated 27.09.2021.
3.  Prayer made in application Exh 4 is kept open.
Matter is adjd on 03.09.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Adjourned to 26.11.2022 on account of Holiday declared on 03.09.2022 on occasion of Ganpati Festival
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFFICE ORDER NO 229/2022 DATED31-10-2022 ADJD TO 10-12-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: By Praecipe
Adv Sanak Desai for plff DH present
Adv for plff tendered application to take the matter on today\''s board t.o.r marked as Exh 5
O- Allowed.
K.B. L.O. at
Adv for DH tendered draft ch/s a/w supporting affidavit.  Leave is granted to register Ch/s.  Copy be served upon other side.
Matter is adjd on 10.12.2022 for C/s Reply
Next Purpose: C/S REPLY
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Matter called out at 3.19 pm
Adv Jain for plff present and tendered registered ch/s 1981/2022 a/w affidavit t.o.r.  Adv for plff seeks time to file service affidavit.  Granted.
None for defendant
Matter is adjd on 21.01.2023 for C/s Reply
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv. Sanad Desai for plaintiff present and tendered service affidavit. TOR.
Service is complete.
Defendant has not appeared and filed reply to Ch/s. Ch/s shall proceed without reply for hearing.
KB
LO
Heard advocate for plaintiff on Ch/s.
Matter is adjd on 04-02-2023 for order.
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Aditya Pawar h/f Adv. Sachin Kadam for DH present.
F.R.S.R. following order is passed on Ch/s 1981/22:
Order
1. Ch/s 1981/22 is made absolute in terms of prayer clause (a) subject to clarification that the word plaint in the clause shall be read as Execution Application.
2. Ch/s 1981/22 disposed off accordingly.
Matter is adjd on 18-03-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv.Sanad Desai for  DH present and tendered application for re-issuance of writ of possession. TOR and marked as Exh. 6  O- Re-issue writ of possession as prayed.
Matter is adjd on 29-04-2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Matter called out at 12.46 pm
Adv Sanad Desai for DH present and seeks extension of time in execution.
Matter is adjd on 01.07.2023 for Compliance
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Siddharth Khedekar h/f Adv.Sanad Desai for DH present.   He filed pursis T.O.R marked as Exh-7.
Order-As requested by pursis time is extended to the DH for taking steps.
Matter is adj to 10/10/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.  He filed pursis (Exh-8) raising question on the objection of the Execution Department.
Order- Call report from Execution Department.
None for JD/defendant.
Matter is adj to 09/11/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
On the request of advocate for DH time to execute writ of possession is extended till next date.
Matter is adj to 21/02/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Desai for DH/plaintiff present.  He filed pursis (Exhibit-9) that Execution Department has objection as to description property needs to be recovered from the possession of the JD/defendant.
None for JD/Defendant.
Considering submission of Ld.Adv. for the DH the Execution Department is directed to file the report.
Matter is adj to 04/03/2024 for report.
Next Purpose: REPORT
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.  He filed pursis marked as Exhibit-10
In view of pursis Exhibit-10 Bailiff Department is directed to file report as per direction given on last date to the Execution Department.  Bailiff Department to consider that last direction was given to it instead of Execution Department.
Matter is adj to 02/04/2024 for report.
Next Purpose: REPORT
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: PO IS ON LEAVE.
Next Purpose: REPORT
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
Call report from Execution Department and Bailiff Department as per order dated 21/02/2023 and 04/03/2024 below Exh-9 and Exh-10.
Matter is adj to 31/08/2024 for report.
Next Purpose: REPORT
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.  He seeks time to re-issues writ of possession.  Time granted.
None for JD/defendant.
Matter is adj to 24/09/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
Keep Back.
Later on at 1.47pm
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
Bailiff report received marked as Exh-11.  Order-Seen and filed.
Adv. for DH/plaintiff filed application seeking police protection in view of report of bailiff marked as Exh-12.
Matter is adj to 19/10/2024 for hearing on Exh-12
Next Purpose: HEARING
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 21/11/2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: PO IS ON LEAVE.
Next Purpose: HEARING
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: PO gone for medical Examination.
Next Purpose: HEARING
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present and sought time for preferring C/S for seeking police protection for execution of decree. Order-Granted.
None for JD/defendant.
Adv. for DH/plaintiff not pressed Exh-12 with liberty to file fresh C/S.  Order-Granted, application Exh-12 with liberty to file appropriate C/S.
Matter is adj to 06/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Sanad V. Desai for DH/plaintiff present and filed draft Chamber Summons, along with affidavit. Order-Leave is granted to register the Chamber Summons.
DH to serve copy of C/S to the JD.
None for JD/defendant.
Draft C/S returned to the advocate for DH for registration purpose.
Matter is adj to 22/04/2025 for affidavit of service of C/S and reply on C/S by JD.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
Adv.Siddharth Khedekar h/f Adv.Sanad Desai for DH/plaintiff present and tendered registered C/S No.679/2025 along with affidavit in support. T.O.R.
None for JD/defendant.
Plaintiff to serve copy of C/S No.679/2025 through court bailiff to the defendant.
Matter is adj to 30/06/2025 for affidavit of service of C/S.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
DH present.
Adv.Sanad Desai for DH/plaintiff present and filed additional affidavit of service of C/S No.679/2025.
JD/defendant Ramsamuj Ramjor Kurmi present and filed pursis that
Case No.2697 of 2011 is pending before Hon’ble High Court in appeal. T.O.R marked as Exh-13. Order-Seen and filed.
JD/defendant Ramsamuj Ramjor Kurmi filed application for providing legal aid advocate. Taken on record marked as Exh-14.
Order-Application be forwarded to legal aid.
Matter is adj to 21/07/2025 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: PO is on leave adjd
Next Purpose: C/S  HEARING
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: po is on leave adjd
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Sachin Kadam for DH/plaintiff present.
JD/defendant present and submitted that advocate is not yet provided by legal heir department.
Matter is adj to 18/09/2025 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
JD/defendant present and submitted that advocate is not provided by Legal Aid Department.
Matter is adj to 25/09/2025 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: Court vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: Court Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: Court Vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Court Vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: PO is on training
Next Purpose: C/S  HEARING
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
Heard Ld.Adv. for DH/plaintiff on C/S No.679/2025.
Matter is adj to 11/08/2026 for order on C/S No.679/2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Sanad Desai for DH/plaintiff present.
None for JD/defendant.
F.R.S.R following order is passed on C/S No.679 of 2025.
ORDER
1. Chamber Summons No.679/2025 is allowed.
2. The Senior Police Inspector of Worli Police Station shall provide  adequate police aid/assistance, in executing the writ of possession.
3. The Court Bailiff is directed to execute the writ of possession in respect of the suit premises, as particularly narrated in Exhibit-C to the Chamber Summons, in accordance with law including breaking open the lock, if any, and hand over to the plaintiff the vacant and peaceful possession of the suit premises.
4. The police authority shall ensure that the Court Bailiff is able to execute the writ of possession peacefully and without obstruction.
5. The police assistance shall remain compiled to the execution of the writ of possession and shall be exercised strictly in accordance with the terms of the writ.
Matter is adj to 23/10/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2026

Main Case No: SUIT/0102814/2011
Main Cnr: MHCC010037002011
Main Filing No: 111447

CHAMBER SUMMONS/101981/2022

Registration Number: 100164/2020
Transfer Date: 23-09-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 103100/2020
Filing Date: 05-03-2020
First Hearing Date: 18th March 2020
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE