SUREKHA SURESH MESTRY +2 moreVsMAHADEV VASUDEV MESTRY +2 more

Date: 13-03-2018
Business: Adv. Ms. Prashansa Jain for DH present.
None for JD.
Issue notice to the JD on the execution application.
Matter adj. for Service and Appearance to 18.06.2018.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Adv. Mangesh Chavan for DH present.
None for JD.
Last chance to the DH to serve the JD through bailiff and by registered post.
Matter adj. for Affidavit of Service to 20.08.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2018

Date: 20-08-2018
Business: Adv. Mangesh Chavan for DH present.
None for JD.
Ld. Counsel for plaintiff seeks time to file affidavit of service.
Matter adj. for Affidavit of Service to 21.09.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Mangesh Chavan for DH present and filed affidavit of service.
JD -1 in person present. His advocate absent.
Ld. Counsel for plaintiff states that no Appeal is pending before Hon\''ble High Court against the Judgment and Decree. He states that D-3 is in possession of the suit flat.
As per the affidavit of service filed by DH, original D-3 Pramila is served with the execution application. However, she has not entered appearance. Hence execution to proceed exparte against D-3.
The Registrar is directed to appoint Court Receiver as per the Judgment and Decree dated 13.12.2016 and take further steps for partition and submit report to this Court.
Matter adj. for Compliance and Report to 16.01.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv. Mangesh Chavan for DH present and submits that the Architect has been appointed and time may be extended for further steps to comply with order dated 15.11.2018.  Hence time extended by two months.
None for JD.
Matter adj. for Compliance to 16.03.2019.
Later on at 11.45 am.
Ms.  Shweta Koragaonkar ib Anil Koragoankar from the office of Commissioner is present and filed letter.
Matter adj. for Compliance to 16.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Son of plaintiff in person present.
None for defendant.
Kept back. Later on at 11.45 am.
Adv. Chavan for plaintiff present. D-1 in person present.
Commissioner  Ms. Shraddha Korgaonkar present and filed report.  Copy served to other plaintiff and D-1.
Ld. Counsel for plaintiff undertakes to serve the D-3 with the copy of commissioner\''s report and file affidavit of service.
Matter adj. for Hearing on the Commissioner\''s Report to 20.04.2019.
Next Purpose: HEARING
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: None for DH.
None for JD.
Matter adj. for Hearing on Commissioner\''s Report to 11.06.2019.
Next Purpose: HEARING
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Mangesh Chavan for Decree Holder present.
None present for JD.
Copy of comissioner report was to be served on D-3. Ld. counsel for the plaintiff submitted that he has served the copy on the D-3 by RPAD and he will file affidavit of service on next date. He further submitted that as per commissioner\''s report, physical partition of the suit room is not possible and advised to action to suit property so that parties can get their respective share from sale proceeds.
Matter stands Adj for compliance/filing of affidavit of service counsel for DH to 08.08.19.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Mangesh Chavan for DH present and he filed affidavit of service.
Son of defendant no. 1 present.
Defendant no. 2 and 3 absent.
None present for JD present.
Heard Adv. Chavan on behalf of DH on the commissioner\''s report. Perused the report of Court Commissioner. It is informed that physical partition of suit property is not possible. Hence, as per operative order no. 2 and 5 of the decree sought to be executed, further orders would be necessary.
Keep the matter for further orders.
Matter stands Adj for further orders to 16.09.19.
Next Purpose: ORDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Plaintiff/DH present.
Adv. Mangesh Chavan for DH present and submitted that as per operative order in the decree CC has submitted the report that suit property cannot be physically partitioned. Hence, prayed for time to take steps to move the court by making appropriate application for moving the court. Time granted.
Defendant no. 1 present.
Matter stands Adj for taking steps to 07.10.19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Mangesh Chavan for DH present.
None present for JD.
Matter stands Adj for taking steps to 14.11.19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Court is busy in dictating Judgment in suit no. 3117/07.
Hence, board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None present for DH and JD.
Matter stands Adj for taking steps to 06.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Mangesh Chavan for DH present and seeks time to take furhter steps. Three weeks time is granted.
None present for JD present.
Matter stands Adj for taking steps to 28.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Mangesh Chavan for DH. present.
None present for JD.
Heard Ld. counsel for DH.
In view of the the report of the Court Commissioner, plaintiff is directed to initiate final decree proceeding by taking appropriate steps.
Matter stands Adj for taking steps to 26.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for taking steps to 10.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Advocate Mangesh Chavan for DH present.
The case is adjourned to 17.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: DH 1b present.
Advocate Mangesh Chavan for DH present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
JD no. 1 present.
Advocate for DH undertakes to serve the Ch/s on JDs.
The case is adjourned to 19.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 1.17 pm.
Adv. Mangesh Chavan for plaintiff.
Defendant no 1 and 2 present.
Decree holder tendered register CS 802/2021.  TOR.  He also tendered service affidavit with respect to service upon defendant no. 1,2 and 3 with return envelop of Defendant no. 3 with endorsement unclaimed.
Matter pertains to afternoon session, hence KB
Matter again called out at 4.38 pm.
Deft. no. 3 is the contesting defendant.  The execution proceeding already proceeded ex-parte.  I have heard pltff/Decree holder on close for orders.
Matter stands adjourned to 21/09/2021 order on CS.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Matter called out at 03.53 p.m.
Adv. Prashansa Jain for decreeholder present.
Kept back.
Later on at 05.32 p.m.
Adv. Prashansa Jain for decreeholder present.
At the request of Adv. Prashansa Jain for decreeholder.
Matter stands adjourned to 22.09.2021 for Orders.
Next Purpose: ORDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Matter mentioned at 02.59 p.m.
Adv. Mangesh D. Chavan for decreeholder present.
None present for defendant.
At the request of advocate for decreeholder, CHS No. 802/21 is kept in abeyance. Hence, matter be removed from order caption.
Matter stands adjourned to 27.09.2021 for hearing
Next Purpose: HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Matter called out at 11.42 p.m.
Adv. Mangesh D. Chavan Reg. No. MAH/2205/00 for decreeholder present.
He tendered issuance of attachment warrant. Exh.3
O-Allowed.
The suit and Execution already proceeded exparte against Deft No. 3. Hence, issue attachment warrant as prayed for.
Matter be sent to the concerned registrar for compliance.
Matter stands adjourned to 12.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Matter called out at 12.05 p.m.
Adv. Mangesh Chavan for DH present.  He tendered warrant of attachment which is complied on 28.10.2021.
Deft. No.1 and 2 present in person.
None present for Deft. No.3.
Plaintiff can apply for warrant of sale. Plaintiff already filed CS No.802/21 for the same.
Hence, matter is kept back.
Later on in afternoon session.
None present.
Matter stands adjourned to 29.11.2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Matter called out at 4.03 p.m.
Adv. Mangesh D. Chavan for DH present.
Heard Ld. Advocate for DH.
In spite of attachment of the suit property, none appeared for JDR. The DH seeking auction of the suit property.  Hence, in order to satisfy the Judgment and decree, CS need to be allowed.
Thus, I proceed to pass the following order.
1.  CS No.802/21 is allowed in terms prayer clause (a) to (c).
2.  The concerned registrar to comply with the public auction as per rules.
3.  DH to bear costs of CS.
4.  CS is disposed of accordingly.
Matter stands adjourned to 24.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Matter called out at 11.43 a.m.
Adv. Mangesh Chavan for DH present.
None present for defendant.
Matter stands adjourned to 04.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Matter called out at 11.29 a.m.
Adv. Mangesh Chavan for DH present.
None present for defendant.
Matter stands adjourned to 17.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: None present.
Matter stands adjourned to 20.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present.
Matter stands adjourned to 08.10.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: None present.
Matter stands adjourned to 01.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present.
Issue notice of appearance to the DH to Thane District Court through bailiff/RPAD.
Matter stands adjourned to 18.02.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present.
K.B.
Later on at 1.00 p.m.
Adv. Mangesh Chavan for DH present.
Matter stands adjourned on 04.03.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present.
K.B.
Later on at 12.10 p.m.
Adv. Mangesh Chavan for DH present.
K.B.
Later on at 4.30 p.m.
Heard, DH to comply the direction given vide roznama dated
28.02.2020.
Matter stands adjourned on 01.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: None present.
K.B.
Later on at 12.17 p.m.
Adv. Magesh Chavan for DH present.
None present for JD.
Matter stands adjourned on 03.05.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mangesh Chavan for DH present
None present for JD.
Matter stands adjourned on 07.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv Mangesh Chavan for D/H present.
J/D no. 1 and 2 in person present.
Matter stands adjourned on 16-09-2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Adv Mangesh Chavan for D/H present.
None for defendant present.
Matter stands adjourned on 30-10-2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv M. Chavan present a/w Decree Holder and seeks time. Order - Time granted.
None for Judgment Debtor.
Matter stands adjourned on 13-12-2023 for reply of Judgment
Debtor  nos. 1 and 2.
Next Purpose: REPLY
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Mangesh Chavan for Decree Holder present.
Judgment Debtor nos. 1 to 3 absent.
Matter stands adjourned on 24.01.2024 for reply of JD.
Next Purpose: REPLY
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Advocate Mangesh Chavan for D/h present.
None  for J/d present.
Matter stands adjourned on 28-02-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Advocate Mangesh Chavan for Plaintiff present.
None for defendant present.
Due to paucity of time, matter is adjourned.
Matter stands adjourned on 03-04-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None present.
Kept back.. Later on at 4.00 p.m.
Adv. Mangesh Chavan for plaintiff present.
Matter stands adjourned on 20-04-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Adv. for Plaintiff present.
None for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 02-05-2024 for order
Next Purpose: ORDER
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: None present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 10-05-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: None present.
As Court is busy in argument in High Court Time Bound matter i.e. SU No. 2763 of 2012 and dictating order in other matters, hence due to paucity of time, matter stands adjourned.
Matter stands adjourned on 03-07-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 15-07-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Mangesh Chavan for D/H present.
None for J/D present.
   Perused M.A. Despite of the service the J/D remained absent hence, matter proceeded ex-parte against him. As per the directions of this Court the Architect/ Court Commissioner has filed his report  (Exh.2). As per the said report physical partition of the Suit Room No. 302, Shri Gurudatta CHS Ltd., Building No. A-38, New N.A Colony, near RNA park, Vashi Naka, Chembur, Mumbai 400 074, is not possible as per the prevailing D.C. Regulations, applicable in the Jurisdiction of MCGM.
     If as per the report the suit property is not devisable for physical partition, under such circumstances, the suit room can be auctioned and sale proceeds of the same be equally divided as per the Decree. Considering the fact and circumstances and report of Court Commissioner, I proceed to pass following order.
ORDER
1.  The Suit Room No. 302, Shri Gurudatta CHS Ltd., Building No. A-38, New N.A Colony, near RNA park, Vashi Naka, Chembur, Mumbai 400 074 be auctioned and sale proceeds be equally divided as per the Decree.
2. The aforesaid property be auctioned as per rule.
3. After the auction of aforesaid property, report be submitted to this Court.
4.  Matter be forwarded to the Office of Commissioner for taking Accounts, High Court Judicature at Bombay to carry out auction process.
5.  The Registrar City Civil Court is directed to take necessary steps for forwarding the order and documents required to the Office of Commissioner.
6.  Decree holder to take necessary steps in compliance of the order.
Matter stands adjourned on 21-09-2024 for report.
Next Purpose: REPORT
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Adv. Mangesh Chavan for D/H/Plaintiff present and seeking time.
None for J/D/defendant present.
Matter stands adjourned on 04-12-2024 for report.
Next Purpose: REPORT
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 20-02-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Court is on leave
Next Purpose: REPORT
Next Hearing Date: 23-04-2025

Date: 23-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Mangesh Chavan for D/H present and seeking time. O - Time granted.
None for defendant present.
Matter stands adjourned on 21-07-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Mangesh Chavan for applicant/D/H present and submits that both parties are agreed to sale the suit property to third person and accordingly they will file consent terms. Time is granted as last chance.
None for defendant present.
Mr. S. C. Shivdavkar , S. O. and Mr. R. T. Nagtilak, Clerk, Office of Commissioner for taking accounts, High Court Bombay present.
Next date is fixed on request of Learned Advocate for the plaintiff.
Matter stands adjourned to 20-08-2025 for consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Adv. Prashansa Jain for Plaintiffs/DH present.
Mr. Rajendra T. Nagtilak, representative of court commissioner present.
Plaintiff no.1B and 1C present in person.
Defendant no.1 and 3 in person present. In view of roznama in MA no.107/2023, Execution application stands disposed off. Thus, court commissioner appointed as per Order dtd.03-08-2024 stands discharged.
Nature Of Disposal: OTHER
Disposal Date: 20-08-2025

Main Case No: SUIT/0103217/2012
Main Cnr: MHCC010140432012
Main Filing No: 111447

MISC APPLICATION/100107/2023

Filing Number: 102927/2018
Filing Date: 26-02-2018
First Hearing Date: 13th March 2018
Decision Date: 20th August 2025
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE