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EXECUTION APPLN

Vikas Narayan RaikarVsArun Ganpat Guram

CNR MHCC010029092019966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 27th October 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100079/2019
Registration Date
13 Mar 2019

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: 26-03-2019
    Business: Shri. Keshav Borade, advocate for plaintiff present. As today is the first date in the matter, for further steps adjd to 03/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Shri. Keshav Borade, Advocate for plaintiff present. Shri. Borade 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. Borade 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 03/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Shri. Keshav Borade, advocate for the Plaintiff present. On request of Shri. Borade, returnable date of warrants of attachment is extended till  26/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Shri. Keshav Borhade, advocate for the Plaintiff present. On request of Shri. Borhade, returnable date of warrants of attachment is extended till 30/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Shri. Keshav Borade, advocate for the Plaintiff present. On request of Shri. Borade, for filing application for the amendment, adjd to 26/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Shri. Keshav Borade, advocate for the Plaintiff present. Exe.application marked as Exh-A(Colly). Shri. Borade has tendered the application for amendment, taken on record and marked as Exh-B. Upon perusing the application and upon hearing of Shri. Borade, amendment application be allowed. Amendment be carried out and amended warrants after carrying out amendment be issued, returnable on 20/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Shri. Keshav Borade, advocate for the plaintiff present.
    On request of Shri. Borade, time to carry out amendment is extended till 03/12/2019.
    Amendment be carried out and amended warrants be issued accordingly.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Shri. Keshav Borade, advocate for the plaintiff present.
    Shri. Borade, has tendered original warrants u/o.XXI Rule 43 and 54 of CPC, without execution, t.o.r. and marked as Exh-C and D respectively.
    Shri. Borade states that exe.application has been amended and prays for issue of fresh warrants stating that properties sought to be attached belongs to the defendant and free from all the encumbrances.
    Hence, issue fresh warrants as prayed for, returnable on 02/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Shri. Keshav Borade Advocate for plaintiff present.
    On request of Shri Borade awaiting inventory adjourned to 06/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Shri. Mayur Khaire Advocate for plaintiff present.
    Shri Khaire has tendered original warrants dated 03/01/2020 u/o XXI Rule 43 and 54 of CPC alongwith service report endorsed thereon, t.o.r., and marked as Exh-E and F respectivly.
    Shri Khaire has also tendered inventory bearing No.369/2020 dated 27/03/2020 from the office of sheriff of Mumbai, t.o.r., marked as Exh-G.
    On request of Shri Khaire for taking further steps adjourned to 12/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Shri. Keshav Borade Advocate for plaintiff present.
    Inventory/Sheriff report bearing No.369/2020 under this office inward No.3021 date 07/03/2020, t.o.r., and marked as Exh-h.
    On request of Shri Borade for further steps adjourned to 19/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Parties and Advocate absent, adjd to 04/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Parties and advocate are absent adjourned to 20/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Shri Keshav Borade advocate for plaintiff present.
    Shri Borade states that the property of the defendant is already under attachment in execution of the warrants of attachment issued by this Court and before issuing of warrant of sale, he prays that Show Cause Notice be issued against the defendant requiring him to show cause as to why the properties under attachment should not be sold.
    Hence, issue Show Cause Notice as prayed for returnable on 12/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for Plaintiff.
    Ms.Shama Parkar, Advocat for defendant present.
    Ms.Parkar states that the defendant is ready for settlement and in order to show bonafides she has appeared before this Court with the Cheque for the decretal amount.
    However, as none appeared for plaintiff today, on request of Ms.Parkar adjourned to 03/03/2021 under the caption settlement.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Shri Keshav Borade advocate for plaintiff present.
    Ms. Shama Parkar advocate for defendant present.
    Shri Arun Guram defendant present.
    Shri Borade has tendered original show cause notice with bailiff report endorsed thereon, proving service t.o.r. and marked as Exh.I.
    Statement of settlement dated 03/03/2021, signed by advocate for plaintiff, advocate for defendant and the defendant himself t.o.r and marked as Exh.J.
    In view of statement of settlement by consent adjourned to 09/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 09/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Parties and Advocate absent matter adjourned to 27/10/2021, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Shri Keshav Borade advocate for plaintiff present.
    Plaintiff present.
    Shri Vishnu Shinde, representative of defendant present.
    Shri Borade tendered withdrawal application, signed by plaintiff, t.o.r and marked as Exh.K.
    Plaintiff confirms the contents of the withdrawal application and hence, as the decree has been fully satisfied as per settlement arrived at between the parties nothing survives in the matter and accordingly exe.application stand disposed off as withdrawn, as settled out of court.
    Warrants of attachment issued in the matter are hereby raized.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 27-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102869/2019
    Filing Date: 13-03-2019
    First Hearing Date: 26th March 2019
    Decision Date: 27th October 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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