Order Details: Notice of Motion Pdf Text: Draft Notice of Motion ..1.. In Execution Appl. No.176/2020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. DRAFT NOTICE OF MOTION IN EXECUTION APPLICATION NO. 176 OF 2020 IN S.C. SUIT NO. 7747 OF 1998 (H.C. SUIT NO. 937 OF 1998) Smt. Sheel Arora, Age : 71 Years, Residing At : Flat No. 3, 2nd Floor, The Sind Works Co.Op. Housing Society Ltd., Sky Scrapper B Block, Bhulabhai Desai Road, Bombay…
EXECUTION APPLN
Madan Mohan BajajVsSmt. Sheel Arora and Ors.
CNR MHCC0100304820203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 26th April 2023
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 100176/2020
- Registration Date
- 07 Mar 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 21-03-2020
Business: As Court is on leave, board discharged and matter, adjd to 17/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 28-05-2020
Date: 28-05-2020
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: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Parties and advocate are absent adjourned to 11/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Shri Manoj Agre advocate for plaintiff present.
Upon hearing Shri Agre, Shri Anil Korgaonkar, Architect, is hereby appointed as Court Commissioner to effect the partition in accordance with Clause No.3 of the Decree dated 25/09/2018, in Suit No.7747/1998, with further direction to file report to this Court in respect of partition on next date by taking into account the Clause No. 4 of the Decree.
For report of Court Commissioner matter adjourned to 03/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Shri Manoj Agre advocate for plaintiff present.
Shri Ram Laxmipalli advocate for defendant present.
Execution Application marked as Exh-A(Colly).
Matter is taken on board by way of praecipe filed by advocate for defendant, marked as Exh-B.
Shri Laxmipalli tendered joint vakalatnama of himself and Narendra Sankpal, Advocates for defendant, taken on record, marked as Exh-C.
Shri Laxmipalli tendered application for recalling of order dated 11/01/2021 passed by this court, in respect of appointment of Court Commissioner and for consequential reliefs, taken on record, marked as Exh-D.
Shri Laxmipalli states that the visit of Court Commissioner is scheduled tomorrow at 12.00 noon and he strongly prays for grant of relief as prayed for in the application (Exh-D), on the ground that the defendant is suffering from various old age diseases and is under psychiatrist medication.
Shri Agre strongly objects for grant of any relief stating that the Court Commissioner visit is scheduled only for taking inspection, measurement of suit premises and to submit report to this Court in accordance with the order passed.
However, as both the advocates are hotly contesting the matter, it will be appropriate to refer this matter to the Honourable Court for passing appropriate orders, to which both the advocates consent.
Hence, the present execution application is hereby submitted to Court No.3 on 29/01/2021.
Office to take steps to assign this matter to Court No.3 forthwith.
Parties and advocates to appear before Court No.3 on 29/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: (Received from the office of Ld.Registrar)
Advocate Manoj Aagre for DH present.
Advocate Laxmipalli for JD present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o
Advocate for JD no.1 seeks leave to amend prayer clause (a) of draft Notice of Motion. Leave is granted.
Amendment be carried out forthwith to the effect to replace the word \''recall\'' by the word \''set aside\'' and the words \''This Hon\''ble Court\'', by the words \''the Registrar\''.
KB
LO at 03.07pm
Same appearance.
Heard advocate for both parties.
F.R.S.R.following order is passed
ORDER
1. Ad-interim as sought is refused.
2. Leave is granted to register Notice of Motion. R/o 05.03.2021.
3. Decree Holder to file reply.
The case is adjourned to 05.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: None present.
Envelope containing report of Court Commissioner received from Registrar\''s Court dated 03.03.2021 vide I/w No. 2797 dated 03.03.2021.
KB
LO at 1.45pm
As Court is busy in recording evidence in SU 8473/2000 the board is discharged.
The case is adjourned to 21.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: By Praecipe
Advocate Manoj Agre for plaintiff present.
Advocate Sandeep Parab for defendant no. 1 present.
Envelope containing Court Commissioner\''s report is opened in presence of advocates for Plaintiff and defendant no. 1. One copy of the report is served on advocate for Plaintiff and defendant no. 1.
Already the case is adjourned to 21.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter mentioned out at 03.02 p.m.
Adv. Manoj Agre for plaintiff present.
Adv. Dwivedi tendered Vakalatnama on behalf of defendant. TOR. Exh.3
O-Seen and filed.
She tendered additional affidavit in support of NM. No. 332/21. TOR.
Matter stands adjourned to 10.11.2021 for NM hearing.
later on at 4.32 p.m.
Adv. Manoj Agre for plaitniff present. He filed reply to NM No.
332/21.
Already adjourned to 10.11.2021
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Matter called out at 4.16 p.m.
Adv. Manoj Agre for DH present.
Adv. Divya Trivedi for JDR/Deft. No.1 present. She filed rejoinder. TOR.
Copy supplied to the other sides.
It appears that JDR traveling beyond the scope of Section 47 by filing additional affidavit more particularly from para no.9 onwards. I have heard her on legal submission. In spite of that she is making submissions that she has not been heard.
I have also heard on her legal submissions that no notice were issued before appointing court commissioner.
Heard both the sides.
Ld. advocate for JDR seeking permission to file written submissions. Time
granted.
Matter stands adjourned to 17.11.2021 for NM P.H.
Next Purpose: NM P.H.
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Date: 02-12-2021
Business: Matter called out at 4.37 p.m.
CA of Plaintiff present.
Adv. Udayan Jain tendered VP on behalf of plaintiff/DH. TOR. Exh.4.
O-seen and filed.
He also tendered rejoinder to NM No.332/21. TOR.
Copy supplied to the JDR.
Adv. Divya Trivedi for defendant/JDR present. She tendered written arguments on NM No.332/21.
Heard both the sides extensively.
Matter stands adjourned to 04.12.2021 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Matter mentioned at 2.54 p.m.
Adv. Akshita Jain for plaintiff present.
Adv. Varsha Kamble h/f Adv. Divya Trivedi for Deft.No.1 present.
Following F.R.S.R. following order is passed in NM No.332/21.
ORDER
1. Notice of Motion No.332/2021 is dismissed.
2. Costs in cause.
3. Notice of Motion is disposed of accordingly.
Matter stands adjourned to 29.01.2022
Later on 2.51 p.m mentioned by Adv. Varsha Kamble for Deft. No.1.
Adv. Akshita Jain for plaintiff present.
Adv. for Deft. No.1 filed application for stay of the order passed today
dismissing NM No.332/21. TOR. Exh.5.
O-As there is a specific order of Hon\''ble High Court to proceed with
the execution of the present matter and moreover the order dated
11.01.2021 which is the subject matter of challenge in NM No.332/21
is already executed. Hence, the NM No.332/21 was dismissed.
Therefore, in the above circumstances, there is no question of stay.
Hence, application stands disposed of.
Matter is already adjourned to 29.01.2022.
Next Purpose: HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: NOBTOB
Moved by praecipe.
O-Allowed.
Matter mentioned at 3.52 p.m.
Adv. Divya Trivedi for original Deft. No.1 present. She tendered draft NM.
O-Leave granted to register.
Draft NM handed over to the Defendant for registration.
Matter already stands adjourned to 29.01.2022.
Next Purpose: REPLY
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Udayan Jain for plaintiff/decree holder present and he tendered draft Nm. TOR. O- Leave is granted to register. NM handed over to plaintiff.
None for defendant.
Matter already adjourned to 29.01.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Matter called out at 3.06 p.m.
CA of plaintiff present.
Adv. Udayan Jain for DH present.
None present for JDR.
Matter stands adjourned to 07.04.2022 for reply.
Later on at 3.24 p.m.
Adv. Divya Trivedi for JDR No.1 present.
She tendered reg. NM No. 3378/21. TOR.
She also tendered reply to NM No. 193/22. TOR.
Copy already supplied.
Already adjourned to 07.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: CORAM :- H.H.J. SHRI S. T. SOOR (C.R. 02)
(Matter pertains Court Room no.3)
Adv. Udayan Jain for DH present. He tendered reg. NM No.266/2022 and NM no.193/2022. TOR.
He also tendered further affidavit in NM No.3378/2021 a/w reply. TOR.
He tendered affidavit in rejoinder in NM No.193/2022. TOR.
Matter adjourned to 27.04.2022 for NM hearing.
I/C Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: High Court writ received from Board Department on 11/04/2022. (High Court F.A. CIV. NO- C0301650/2022 dated 04.04.2022 in First Appeal No.1120 of 2018 with interim application st. no.25916 of 2021, order dated 25.03.2022.
Hon’ble High Court Justice Bharati Dangre has passed following order on 25.03.2022.
ORDER
P.C.
Application for withdrawal of the amount deposited in terms of the earlier order to be listed on 12/4/2022.
Matter already stands adjourned to 27.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Matter called out at 3.31 pm
Adv. Udayan Jain for DH present.
Adv. Divya R. Trivedi for original Defendant No.1 present. She tendered reply on behalf of Deft.No.1 and 2.
Matter stands adjourned to 08.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Udayan Jain for DH present.
Adv. Divya R. Trivedi for original Defendant No.1 present.
Heard both the sides on NM No.3378/2021.
Matter stands adjourned to 15.06.2022 for Order on NM No.3378/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Udayan Jain for DH present.
Anokhi Arora, CA of plaintiff present.
Adv. Divya R. Trivedi for original Defendant No.1 present.
Following F.R.S.R. order is passed in NM No.3378/21.
O R D E R
1.Notice of Motion No.3378/2021 in Execution Application No.176/2020 in Suit No.7747/1998, stands dismissed.
2.Notice of Motion stands disposed off accordingly.
Matter stands adjourned to 20.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Udayan Jain for DH present.
Adv. Divya R. Trivedi for original JD No.1 present. She tendered sir-rejoinder to NM No.193/2022 for intimation to the court that order of this court is challenged before the Honble High Court and also filed some document. TOR.
DH is at liberty to reply.
Matter stands adjourned to 10.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Udayan Jain for DH present.
Adv. Divya Trivedi for JD present.
Counsel of JD submitted that she has challenged the order in Hon. High Court by filing AO and circulation is given for 05.09.2022. She is seeking time to argue on the NM No.226/2022 and NM No.193/22. Time granted.
On next date, the counsel of JD is required to argue on NM.
Matter stands adjourned to 14.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Udayan Jain for DH present.
Adv. Divya Trivedi for JD present. She is seeking time contending that she has filed writ petition against the order dated 15.06.2022 for getting appropriate order from the Honble High Court. Time granted.
Matter stands adjourned to 04.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Udayan Jain for DH present.
Adv. Varsha Kamble h/f Adv. Trivedi for JD present. She tendered adjournment application in NM No.266/22 for defendant. TOR.
By consent, matter stands adjourned to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Udayan Jain for DH present.
Adv. Divya Trivedi for JD present.
Matter stands adjourned to 11.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: NOBTOB
High Court writ received from Board Department on 08/12/2022 (In. No.14552 dated 05.12.2022) High Court CIV. W.P. NO. C0115582 of 2022 dated 01.12.2022 in Writ Petition No.12369 of 2022, order dated 21.10.2022.
Honble High Court Justice Sandeep K. Shinde has passed following order on 21.10.2022.
ORDER
P.C.
1. It is argued, that Executing Court cannot receive the preliminary decree, unless a final decree is passed under Order 20 Rule 18(2) of Civil Procedure Code. Submission is that, decree in question being, final decree, it cannot be executed until, it is engrossed on requisite stamp paper. The reliance was placed the judgment in the case of Shankar Balwant Lokhande (AIR 1995 S.C. 1211). The Learned executing court rejected the contention of Petitioner-Judgment Debtor and thus refused to dismissed execution proceedings.
2. Though Mr. Jain appears on behalf of the Respondent No.1, he is not present. Therefore, list the petition for further consideration on 8th December, 2022.
3. In the meantime, there shall be an ad-interim relief in terms of prayer clause (b).
Matter already stands adjourned to 11.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: CA of the DH present.
Adv. Mayank Pandya for JD present. He tendered VP. TOR. Exh.06.
Matter stands adjourned on 27.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Udayan Jain for DH present.
Adv. Mayank Pandya for JD present.
Matter stands adjourned on 05.04.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv. Udyan Jain for applicant/DH in MA/EA present. He submitted that the matter is settled between the parties and seeking time to file consent terms. Time granted.
None present for defendant.
Matter stands adjourned on 12.04.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Udayan Jain for applicant present.
Adv. Mayank Pandya for defendant present.
Matter stands adjourned on 26.04.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Udyan Jain for DH present.
Adv. Mayank Pandya for JD present.
The POA of DH a/w Advocate present, all the JD a/w Advocate present. They submitted consent terms. Rival parties had admitted the consent of consent terms to be true and correct and prayed for disposal of EA in full satisfaction. The consent terms filed on record a/w copy of POA and documents are exhibited as 06 Colly and TOR.
The EA No. 176/2020 proceeding stands disposed off in terms on consent terms in full satisfaction.
As the EA is disposed off nothing survives in NM No.266/2022 hence, Notice of Motion No.266/2022 is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 26-04-2023Additional Case Details
Additional Case Details
Filing Number: 102501/2020 Filing Date: 07-03-2020 First Hearing Date: 21st March 2020 Decision Date: 26th April 2023 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
3Final Order 226 Apr 2023
26 Apr 2023
Order Details: Other Pdf Text: 26.04.2023 Sr. No. 62 EA 176/20 NM 266/22 (SU 7747/98) Exh06 Colly CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Adv. Udyan Jain for DH present. Adv. Mayank Pandya for JD present. The POA of DH a/w Advocate present, all the JD a/w Advocate present. They submitted consent terms. Rival parties had admitted the consent of consent terms to be true and correct and prayed for disposal of EA in full satisfaction. The consent terms filed on record a/w copy of POA and documents are exhibited as 06 Colly and TOR. The EA No. 176/2020 proceeding stands disposed off in terms on consent terms in full satisfaction. As the EA is disposed off nothing survives in NM No.266/2022 hence, Notice of Motion No.266/2022 is disposed off. Judge -- 1 of 1 --
Interim Order 1Full order available
29 Jan 2021
Order 1Full order available
29 Jan 2021
Order Details: Notice of Motion Pdf Text: Draft Notice of Motion ..1.. In Execution Appl. No.176/2020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. DRAFT NOTICE OF MOTION IN EXECUTION APPLICATION NO. 176 OF 2020 IN S.C. SUIT NO. 7747 OF 1998 (H.C. SUIT NO. 937 OF 1998) Smt. Sheel Arora, Age : 71 Years, Residing At : Flat No. 3, 2nd Floor, The Sind Works Co.Op. Housing Society Ltd., Sky Scrapper B Block, Bhulabhai Desai Road, Bombay…
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