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EXECUTION APPLN

M/s. Hemant Surgical Industries LtdVsChikitsa Diagnostic and Imaging Centre and Ors.

CNR MHCC01003203202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 18th January 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100183/2020
Registration Date
13 Mar 2020

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: 24-03-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Parties and advocate are absent adjourned to 15/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Shri Mujib Khan, Advocate for plaintiff present. Shri Khan, 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 Khan, 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 27/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 26/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 28/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Shri Mujib Khan, Advocate for plaintiff present.
    Exe.Application marked as Exh-A (Colly).
    Original warrants U/o.XXI, Rule 43 and 54 of CPC, with execution report of Bailiff pasted thereon, tendered by Shri Khan, t.o.r. marked as Exh-B and Exh-C, respectively.
    Awaiting Sheriff report and for taking necessary steps, matter adjourned to 28/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Parties and Advocate absent matter adjourned to 22/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Parties and advocate absent adjourned to 04/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Shri Mujib Khan, advocate for plaintiff present.
    On request of Shri Khan, awaiting sheriff report adjourned to 08/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 15/03/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Parties and advocate absent adjourned to 19/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Shri Mujib Khan, advocate for  plaintiff present.
    None for defendant.
    On request of Shri Khan, awaiting Sheriff certificate matter adjourned to 29/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Shri Mujib Khan, advocate for plaintiff present.
    None for defendant.
    On request of Shri Khan, matter adjourned to 18/08/2022, for inventory.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Parties and advocate absent adjourned to 20/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 10/10/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Parties and advocate absent adjourned to 19/11/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Shri Mujib Khan, Advocate for Plaintiff present.
    Sheriff certificate in respect of execution of warrants U/o.XXI, Rule 43 and 54 of CPC bearing NO.SMK-A-BCCW/168/2021/1133/22 dated 14/10/2022, received in this office vide inward NO.13261 dated 04/11/2022, t.o.r. marked as Exh-D.
    Shri Khan, seeks time to take appropriate steps for issue of warrant of sale in respect of properties under attachment and on his request, adjourned to 13/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Shri Mujib Khan advocate for plaintiff present.
    On request of Shri Khan for taking steps for issue of warrant of sale matter adjourned to 11/01/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Shri Mujib Khan, advocate for plaintiff present.
    Shri Khan prays for issue of warrant of sale in respect of properties under attachment and in support of the same he has tendered affidavit of plaintiff, t.o.r. marked as Exh-E.
    Upon perusing affidavit and upon hearing ShriKhan, issue warrant of sale as prayed for, returnable on 14/03/2023, before the Honourable Court as may be assigned.
    Office to take necessary steps.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Mujib Khan for DH present.  He seeks time to take further steps pursuance to the attachment carried out by the Sheriff.  Time granted.
    None for JD.
    Matter is adj to 28/06/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court time is over, remaining afternoon board is discharged.
    Matter is adj to 05-08-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Mujib Khan for decree holder is present.
    Matter is adj to 06.10.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    
    Date: 14-12-2023
    Business: Court is On Leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The decree holder and his counsel are absent.
    keep back.
    Later on at 3.33 pm
    Adv. Mujib Khan for decree holder is present and filed pursis. Taken on record. It is marked as Exh-2. He has submitted that matter is settled between the parties and consent terms has been filed in the Sheriff\''s office. Therefore, he does not want to proceed with the matter. The Execution application No.183/2020 is disposed of, as withdrawn, in view of pursis at Exh-2.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 18-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103190/2020
    Filing Date: 13-03-2020
    First Hearing Date: 24th March 2020
    Decision Date: 18th January 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Jan 2024
    Order Details: Other
    Pdf Text: 71
    18/01/2024
    EXE. APP.
    183/20 @
    SUM 735/18
    Exh-2
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The decree holder and his counsel are absent.
    keep back.
    Later on at 3.33 pm
    Adv. Mujib Khan for decree holder is present and filed pursis. Taken
    on record. It is marked as Exh-2. He has submitted that matter is
    settled between the parties and consent terms has been filed in the
    Sheriff's office. Therefore, he does not want to proceed with the
    matter. The Execution application No.183/2020 is disposed of, as
    withdrawn, in view of pursis at Exh-2.
    Judge
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