Date: 02-04-2019
Business: Shri. Clive D\''Souza, advocate for the plaintiff present. Shri. D\''Souza agrees for issue of notice before execution, as the exe.application is for issue of warrant of possession. Hence, on request of Shri. D\''Souza, issue notice before execution upon the defendants, returnable on 14/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Shri. H.P. D\''souza, advocate for the Plaintiff present. On request of Shri.D\''souza, for completing service, adjd to 15/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Shri. Clive D\''Souza, advocate for the Plaintiff present. Ms. Rita Sonawane, advocate for the defendant present. Exe.application marked as Exh. A(Colly). Shri. D\''Souza has tendered original notice alongwith service report endorsed thereon, proving service against defendant no. 2 and 5, taken on record and marked as Exh. B. Ms. Sonawane, has tendered reply on behalf of defendant no. 1,2 and 5, taken on record and marked as Exh.C. Shri. D\''Souza seeks time to file rejoinder and on his request, adjd to 25/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Shri. Clive D\''Souza, advocate for the Plaintiff present. Ms. Rita Sonawane, advocate for the defendant present. Shri. D\''Souza states that the defendant no.1,2 and 5 are ready to give possession asper reply filed by them. However, advocate for the defendant states that, at the time of handing over possession, all the parties should be present. Shri. D\''Souza therefore, submits that it will be appropriate to appoint Court Commissioner to hand over possession and seeks time to file application for appointment of Court Commissioner. Hence, by consent, adjd to 01/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Shri. Clive D\''Souza, advocate for the Plaintiff present. On request of Shri. D\''Souwa for filing an application for appointment of Court Commissioner, adjd to 07/8/2019. Later on Ms. Geeta Sonawane, advocate for the defendant no. 1,2 and 5 apppeared and she has been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Shri. Clive D\''Souza, advocate for the Plaintiff present. Ms. Geeta Sonawane, advocate for the defendant present. Defendant no.1,2 and 5 have already filed reply in the matter, wherein in the last para, it has been stated that they are ready to hand over possession. However, it is the contention of the advocate for the defendant that while handing over possession all parties should be present, whereas it is the contention of Shri. D\''Souza that there is no such order passed by the Honourable Court, while passing decree. In view of this, the matter is hereby submitted to the Honourable Court as per assignment on 08/08/2019. Office to take steps to assign this matter to the Honourable Court. Parties and advocate to appear before the Court on 08/08/2019, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Court is on training programme hence adjd
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: P.O went to the Hon\''ble High Court for interview. Hence matter is adjourned.
Adjd for hearing to 11/11/2019
Next Purpose: HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. C. D\''souza for Plaintiff present.
Adv. Geeta Sonawane for deft Nos. 1, 2 and 5 present.
Papers not searched sheristedar to place the file before me on next date.
JD is directed to remain present on next date before court.
Matter adjourned to 04/12/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Ad. Clive D\''souza for plaintiff/DH present.
Adv. D\''Mello for deft No. 1, 2, 5 present.
Adv. for Plaintiff filed an affidavit of plaintiff no.2(c) on behalf of the Plaintiff. t.o.r.
Matter adj to 15/01/2020 for steps against JD no. 3 and 4.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Clive D\''Souza for plaintiff present.
Adv. Mr. Denzil D\''Mello for defendant No. 1, 2 and 5 present.
Adv. for plaintiff filed notice under Order 21 Rule 22 of the Civil Procedure Code. t.o.r.
Adv. Chirag Mathuria and Adv. Jaitali Mathuria filed vakalatnama on behalf of defendant No. 4. t.o.r.
Adv. for defendant No. 4 stated that defendant No. 4 will file pursis that she is ready to take possession as per the decree.
Adv. for defendant No. 1, 2 and 5 are filing pursis that they will give the possession to the plaintiff and defendant No. 3 and 4 as per the decree through the bailiff as the plaintiff and defendant No. 3 and 4 did not comply with the notice issued by the defendant to handover the possession.
Adv. for defendant No. 4 filed pursis stating she is ready to accept the possession of suit premises. t.o.r.
Adv. for defendant No. 1,2 and 5 filed a pursis stating that they will give the possession to plaintiff and defendant No. 3 and 4. t.o.r.
Adjd for orders to 07/02/2020.
Next Purpose: ORDER
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Mr. D\''souza for plaintiff present.
Adv. Jaitali Mathuria for defendant No. 4 is present.
Defendant No. 4 is present.
Further order below Exh-1
Issue possession warrant under Order XXI Rule 35 of the Code of Civil Procedure, 1908 to be executed through Sheriff office. The bailiff to take possession from defendant Nos. 1, 2 and 5 and hand over the same to the plaintiff, defendant Nos. 3 and 4 as per decree passed in Suit No. 6298 of 2004 dated 16.04.2018.
Adjd for hearing to 23/03/2020.
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Nobody present
Adjd for hearing to 18/03/2021
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. C. Dsouza for plaintiff present.
None for defendant.
Ld adv for plaintiff submits that order of possession warrant u/o 21 Rule 35 of CPC is passed on 10-02-2020. He further states date of execution of warrant be extended.
I have gone through the order dated 07-02-2020. Hence, issue possession warrant u/o 21 Rule 35 of CPC as per order date 10-02-2020.
Matter adjd for report of warrant of possession to 04-05-2021.
Next Purpose: REPORT
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: REPORT
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Rajesh Patil h/f D\''souza for DH present.
Matter adjd for steps to 12-10-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Clive D\''souza for plaintiff /DH present.
None present for defendant/JD.
Exh.02- Bailiff report. O-seen.
Draft chamber summons alongwith affidavit in support tendered by plff /DH.
Order- Leave is granted to register the ch/sum.
Matter Adjd for tendering original registered CS on 18/02/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Clive Dsouza for plaintiff/DH present.
None present for defendant/JD.
Adv. for decree holder tendered original registered CS No.01/2022.
Matter Adjd for service affidavit of CS on 25/03/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None present for plaintiff.
Adv. Chaitali for defendant No.4/JD present.
Later on at 03.08 pm.
Adv. Clive Dsouza for plaintiff/DH present.
Adv. Fernandes for defendant/JD No.1,2 and 5.
Adv. For JD/Defendant No.1,2 and 5 filed reply to CS.
Copy of reply to CS supplied to Adv for plaintiff/DH today in court.
Matter Adjd for reply to CS on 06/06/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Clive D\''souza for plaintiff/decree holder present.
Adv. Fernandes for defendant No.1, 2 and 5/ JD present.
Adv. Mathuria for defendant No.4 present.
Ld. Adv. for defendant no.4 filed reply to CS.
Copy of reply supplied to Adv. for plaintiff and defendant no.1, 2 and 5.
Copy of reply filed by defendant No. 1, 2 and 5 supplied to Adv. for defendant today in court.
Matter Adjd for CS Hearing on 04/07/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. D\''Souza for plaintiff/DH present.
Adv. Fernandes for defendant No.1, 2 and 5 present.
Adv. Mathuriya for defendant No.4 present.
Kb.
Later on at 03.47 pm.
Heard Ld. Adv. for plaintiff/DH and defendant/JD. Ld. Adv. for defendant/JD submitted that, they are ready to handover the possession to the bailiff on 20.07.2022. Hence re-issue possession warrant as per order dt.10.02.2020.
Matter Adjd for report on 17/08/2022.
Next Purpose: REPORT
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Clive D\''souza for plaintiff/DH present.
Adv. Fernandes for defendant/JD No.1,2 and 5 present.
None present for defendant/JD No.3.
Adv. Mathuriya for defendant/JD No.4 present.
Exh.03 - Bailiff report. TOR.
KB for order.
Order below Exh.01
Perused the bailiff report. Heard Ld. Adv. for plaintiff/DH. As per the bailiff report the defendant no.3 was not present and therefore the writ of possession could not be executed. It seems that, defendant no.3 was not present throughout at the time of the pendency of suit. The whereabouts of defendant no.3 are not known to anybody and therefore there is no possibility of presence of defendant no.3. And therefore the plaintiff and defendant no.4 could not be deprived of getting the fruits of decree. Hence the concern bailiff is directed to execute the writ of possession in presence of the other parties present at the time of execution of writ of possession.
Hence Re-issue writ of possession as per order dt.07.02.2020.
Matter Adjd for report on 06/10/2022.
Next Purpose: REPORT
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. D\''souza for plaintiff/DH present.
Adv. Fernandes for defendant No.1 , 2 and 5/JD present.
Adv. Mathuriya for defendant no.4/JD present.
Ld. Advocates for both parties sought extension for executing possessions warrant. Time extended till next date.
Matter Adjd for report on 23/11/2022.
Next Purpose: REPORT
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Clive D\''souza for plaintiff/DH present.
Adv. Fernandes for defendant no.1,2 and 5/JD present.
Adv. Mathuria for defendant no.4/JD present.
Exh.04 - Writ of possession alongwith bailiff report.
Order below Exh.001
In view of Exh.04, the Execution Application No.89 of 2019 is disposed off as decree fully satisfied. The Chamber Summons No.01 of 2022 is disposed off accordingly. No order as to costs.
R and P be sent to record department.
Nature Of Disposal: OTHER
Disposal Date: 23-11-2022
