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EXECUTION APPLN

Nagurao Malku Gadge Summ. Suit No 3223 of 2013VsRajesh Ananda Nirbhavne

CNR MHCC01003155201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 07th October 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100486/2014
Registration Date
02 Aug 2014

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 NOTICE

    Case History / Proceedings

    Case History
    Date: 28-03-2019
    Business: Shri. Rajesh Patil, advocate for plaintiff present. Exe.application marked as Exh. A (Colly). Shri. Patil has tendered Vakalatnama for plaintiff, taken on record and marked as Exh. B. On request of Shri. Patil, for taking further steps, for issue of Garnishee Notice, adjd to 29/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Shri Rajesh Patil, Advocate for Plaintiff present. Shri. Patil, has tendered Affidavit of Plaintiff, for issue of Garnishee Notice, same is taken on record and marked as Exh-C.  Hence, upon perusing the affidavit and upon hearing Shri Patil, issue Garnishee Notice returnable on 30/04/2019, before the Honourable Court as per assignment of the matter. Matter be sent to Exe.Department for assignment of the matter and for issue of Garnishee Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv for DH Mr.Patil present
    He filed affidavit of Service
    Matter is Adjd for Reply to 30/07/2019
    L.O.
    Adv for Respondent Ms. Meena from BMC present
    She requested for time to file reply
    O-Granted
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv. Meena dhuri for Garnishee Bank.
    Ex.2Reply filed by Garnishee Bank.
    Ex.3 List of document.Adv. Meena dhuri for Garnishee Bank.
    Reply filed by Garnishee Bank.
    List of document.
    Copy be given to Adv. for DH.
    Adjd for hearing on 01/10/2019.
    Next Purpose: HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: None present.
    KB
    LO
    Adjd. to 22.11.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Adv. Rajesh Patil for DH present.
    Garnishee absent.
    JD and his adv. absent.
    Adjd. to 06.01.2020 for supply of copy of reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: None present.
    Adjd to 07.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Rajesh patil for DH.
    Adv. Yasmin for Garnishee.
    Adjd to 13-03-2020 for Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: None present.
    Adjd for arguments to 06-07-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: PO on inspection duty is absent.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. Rajesh patil for DH.
    Adjd to 08-06-2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Darshana Gangar H/f Adv Rajesh Patil present for the plaintiff.
    Adv Yasmin Sarang present for the Garnishee.
    Matter is adjd to 21.12.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Patil  for DH.
    Adv. Yasmin Saran for Garnishee present.
    Matter adjourned for arguments to. 20/01/22.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: The Execution Application is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. Both parties to attend arguments  through VC on next date or otherwise filed written notes of argument.
    Matter is adjd. for arguments on 03/03/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Patil for DH present.
    Adv. Sarang for Garnishee absent.
    KB
    Later on at 04.16 pm
    Heard argument of DH.
    Matter is adjourned for order  to 08-03-2022.
    Next Purpose: ORDER
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: PO is on Leave.
    Next Purpose: ORDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. B.S. Patil for DH present.
    None for JD.
    Court is busy in hearing final argument in Suit No. 4441/2007 and Suit. No. 4587/2008 and hearing in ABA 2243/2021.
    Due to paucity of time.
    Matter is adjd. for order to 01-04-2022.
    Next Purpose: ORDER
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Advocate Mr. Rajesh Patil for DH present.
    None for JD.
    The advocate of DH requested to direct Garnishee to deposit entire amount attached by order dt. 13-09-2014. From 13-09-2014 it appears that per month One Thousand deduction was directed to Garnishee from the salary of JD. The Garnishee appear in service of notice. The Garnishee has admitted deduction of the amount as per order dt. 13-09-2014, but garnishee failed to deposit said amount in the court, therefore Garnishee is directed to deposit amount deducted by them in the salary of JD.
    Matter is adjd. for compliance  to 24-06-2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: P. O. is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: As court is vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: As court is vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: None
    Issue letter to the garnishee Roznama Order dated 01-04-2022.
    Matter stands adjourned for compliance on 04-09-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: None present.
    KB,
    L.O.
    3.45PM
    none present.
    Matter stands adjourned to  07-10-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None present.
    KB
    L.O. at 3.30 pm.
    None present.
    DH is not taken any steps against the Garnishee, hence, EA NO.486/14 removed from board. R and P sent to the Execution Department. Proceeding is closed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102979/2019
    Filing Date: 02-08-2014
    First Hearing Date: 28th March 2019
    Decision Date: 07th October 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100486/2014
    Nagurao Malku Gadge Summ. Suit No 3223 of 2013 Vs Rajesh Ananda Nirbhavne
    Date : 07-10-2023
    Business : None present. KB L.O. at 3.30 pm. None present. DH is not
    taken any steps against the Garnishee, hence, EA NO.486/14
    removed from board. R and P sent to the Execution
    Department. Proceeding is closed.
    Nature of Disposal : OTHERWISE
    Disposal Date : 07-10-2023
    COURT 15 ADDL SESSIONS JUDGE
    Print
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