Date: 16-04-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. The present E.A. is for execution of decree dated 04/08/2015 in Suit No.237/2014 -Belgaum- in the Court of 3rd Addl. Senior Civil Judge and CGM, Belgaum. The E.A. is filed in this Court as the property of Defendant is at Ghatkopar. By order dated 09/03/2016 u/o. XXI Rule 5 of CPC, letter No.741/2016, dated 09/03/2016 transferring Decree and the certificates in form Nos. III, IV and V u/o. XXI Rule 6 of CPC are already on record. All the R and Ps in E.A. is marked as Exh-A colly. Later on Shri R. S. Kolnoorkar appeared and submitted the application for filing vakalatnama, t.o.r. and marked as Exh-B. Issue notice for execution, returnable on 11/06/2018, by consent of both the Advocates.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2018
Date: 11-06-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. On request of Shri Nawadkar for completing service adjd to 17/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. None for Defendant. On request of Mr. Nawadkar, for completing service, adjd to 10/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Parties and Advocate absent, adjd to 11/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. None for Defendant. Affidavit of service dated 10/09/2018, tendered by Mr. Nawadkar is t.o.r. and marked as Exh.C. Mr. Nawadkar states that despite service no reply is filed by defendant and hence warrants u/o. XXI Rule 43 and 54 be issued by making the notice absolute. Hence, Notice is hereby made absolute and issue warrants u/o. XXI Rule 43 and 54 as prayed for, returnable on 11/12/2018. Later on, Mr. R. S. Kolnoorkar, Advocate for Defendant, present. He is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Mr. R. S. Kolnoorkar, Advocate for Defendant, present. Matter is not on board, taken on board as mentioned by Mr. Kolnoorkar. Mr. Kolnoorkar has filed his Vakalatnama for Defendant, same is t.o.r. and marked as Exh.D. Mr. Kolnoorkar has tendered unregistered Misc. Application, Affidavit in support of said Misc. Application, list of documents and Affidavit of service in respect of service of the same upon the Advocate for Decree Holder. Office to register the said Misc. Application. Mr. Kolnoorkar prays that till the decision of said Misc. Application, further warrant shall not be issued. For the present, for reply of Plaintiff on the Misc. Application tendered today, adjd to 28/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2018
Date: 28-09-2018
Business: Mr. R. S. Kolnoorkar, Advocate for Defendant, present. Mr. Kolnoorkar states that proceeding for setting aside ex-partee decree are pending before Belgaum Court, wherein stay application is also pending and he seeks time to serve notice upon the Advocate for Plaintiff in respect of Misc. Application u/o.XXI Rule 26 of C.P.C. filed in the present proceedings. Hence, on his request issue notice returnable on 03/10/2018. Humdast allowed. Later on Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. He is informed about the next date. Office to register the Misc. Appln.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. Mr. R. S. Kolnoorkar, Advocate for Defendant, present. Ms. Roshni Rasal, Assistant Legal Manager-the representative of company-JD, present. Application u/o.XXI Rule 26 tendered by Mr. Kolnoorkar has been registered as Misc. Appln. No.58 of 2018. Mr. Nawadkar seeks time to file reply to the said Misc. Appln. Mr. Kolnoorkar states that execution of warrants be stayed on condition that Defendant is ready to deposit the Principal Amount in the Court. Mr. Nawadkar states that he has to take instructions from his Client, however, he undertakes that he will not execute the warrants till further order. Hence, by consent, adjd to 12/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Mr. Devendra V. Nawadkar, Advocate for Plaintiff, present. Mr. R. S. Kolnoorkar, Advocate for Defendant, present. Mr. Nawadkar seeks time to file reply stating that he will not execute the warrants until further orders. Hence, by consent, for reply of Advocate for Plaintiff to the Misc. Appln. No.58 of 2018, adjd to 19/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Date: 22-11-2018
Business: Adv. for pltff absent.
Adv. R.S. Kolnurkar for deft present.
Matter adjd to 5.12.2018 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Both the parties and adv absent.
L.O.
Adv. Kolnoorkar for deft present.
Matter adjourned to 15.12.2018 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: Both the parties and adv absent.
Matter adjd to 2.3.2019 for Arguments.
L.O.
Adv. Rahul Kolnoorkar for Judgment Debtor present.
Matter adjd to 2.3.2019 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Adv. Devendra Nawadkar for Decree holder present.
Adv. Rahul Kolnoorkar for deft. /J.D.present.
Heard argument of both the sides.
Matter adjd to 15.3.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: None present.
Due to change in assignment, both side to re-argue.
Matter is adjd. for argument on 27.06.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: None present.
Matter is adjd. for argument on 07.08.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Court is on Judicial Training.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv Mr. Rahul Kolnurkar for JD present.
None present for DH, hence adjourned.
Matter is adjd.for argument on application under 21/26
of C.P.C. on 05.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: None for D.H. present.
Adv. Mr. Rahul Kolunkar for J.D. present.
Heard argument of J.D.
F.R.S.R. following order is passed on MA. 58/18.
ORDER
1. Misc. Application no. 58/18 is allowed.
2. Present execution petition and decree in Civil Suit no. 237/14 issued by ld CJSD, Belgavi, dtd. 04.08.2015 is stayed.
3. Attachment warrant issued by this court, if any, be stayed for six months from today.
4. Misc. Application no. 58/2018 is disposed of accordingly.
Matter is adjd. for stayed on 15.04.2020.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present.
Today matter is posted as stayed in view of order passed on MA 58 of 2018 dt 05/11/2019.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd as stayed on 26/03/2021.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Nawadkarfor DH present.
Heard adv. for DH.
Exh-2 Adv. for DH filed application to proceed with the decree as the miscellaneous application 04/16 filed by JD before Belgaon court is dismissed.
Heard Adv. for DH. On perusal of order passed by my predecessor in MISC Appln No. 58/18 the execution of decree passed in Civil Suit No. 237/14 was stayed. The attachment of warrant was stayed for six months from the date of the order.
Nobody on behalf of JD present.
JD to remain present on next date to proceed with the execution.
DH is at liberty to take necessary steps to execute the decree on next date provided during the period of SOP no adverse orders will be passed against the party absent.
Adjd for taking steps to 25/06/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv Mr. Devendra Jhawar present
61/18 None present for respondent.
Matter adj. for taking steps to 04/09/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Mr. Devendra Navadkar for Decree Holder present.
Adv. Mr. Rahul Kolnolkar for Judgment Debtor present.
Both the representatives of the DH and JD present.
The parties submitted the Consent Terms. They admitted the execution thereof and the contents. Both the representatives have been authorized by their respective companies to enter into the compromise. Since the compromise is lawful, it is read and recorded. As the decree has been satisfied, the Execution Application is disposed off. No Order as to Costs.
Nature Of Disposal: OTHERWISE
Disposal Date: 04-09-2021