Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2020
Date: 07-04-2020
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
Business: Shri R.B.Shah, Plaintiff present. None for Defendant.
Exe.Application marked as Exh-A (colly),
Shri Shah has tendered application for issue of warrant U/o.XXI, Rule 46 of CPC only , by adjusting the amount of Rs.10,000/- received by the plaintiff, as the defendant is likely to leave the job. Application marked as Exh-B.
Shri Shah further states that there is no need to issue of notice U/o.XXI, Rule 22 of CPC, as the Exe.Application has been filed within two years of passing of decree.
Hence, issue warrant u/o.XXI, Rule 46 of CPC, as prayed in application Exh-B, returnable on 08/01/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Date: 23-03-2022
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Shri R.B. Shah, plaintiff present.
None for defendant.
Shri Shah prays for issue of Garnishee Notice and in support of the same he has tendered affidavit, t.o.r. marked as Exh-C.
Upon hearing Shri Shah and upon perusing affidavit, issue Garnishee Notice as prayed for returnable on 25-04-2022, before the Court as may be assigned.
Matter be sent to Department for assignment to Honourable Court and for issue of Garnishee Notice.
Next Purpose: FOR___________________
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: D.H. present his advocate absent.
Matter adjourned to 27.09.2022.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Dilip Satale for D.H. present.
None for J.D.
Advocate for D.H. seeks time to file service affidavit. Time Granted.
Matter adjourned to 06.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: None for DH.
Service affidavit is not filed since long time. Time granted as a last chance to serve Garnishee and to file affidavit.
Matter is adj to 24/02/2023 of report.
Next Purpose: REPORT
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: DH (Rameshkumar Shah) present and his advocate absent. DH filed affidavit of service. From the affidavit of service it appears that Garnishee Notice is served on 18/04/2022.
Despite service no reply is filed by the Garnishee. Hence, matter kept for hearing.
Matter is adj to 24/04/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for DH.
None for JD.
Matter is adj to 27/07/2023 for hearing on Garnishee Notice.
Next Purpose: HEARING
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
None present for Decree holder.
Representative of garnishee is present and filed memo of appearance. TOR. It is marked as Exh-2.
Matter is adj to 19.10.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Decree holder and his counsel are present.
Matter is adj to 28.11.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Divya Jain i/b Dilip Satale for decree holder is present.
It is appearing on perusal of the record that report/reply from the garnishee has already been received by the office of this court on 09.05.2022. TOR. It is marked Exh-3.
It is reported by the garnishee that judgment debtor has died on 22.10.2021.
Matter is adj to 18.01.2024 for hearing on garnishee notice.
Next Purpose: HEARING
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 2.57 pm
Mr. Ramesh Shah, the decree holder is present.
The Judgment debtor and his counsel are absent.
The matter is adjourned as last chance.
Matter is adj to 26.02.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present and his advocate is absent.
Keep back.
Later on at 1.18 pm
Adv. Divya Jain for decree holder is present.
Heard counsel for the decree holder on Garnishee notice.
Representative of the Garnishee is absent. He is given last chance to argue on Garnishee notice.
Matter is adj to 03.05.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present.
Representative of the Garnishee is absent. He failed to argue on Garnishee notice. Hence, matter be kept for order on Garnishee notice.
Matter is adj to 14.06.2024 for order on Garnishee notice.
Next Purpose: ORDER
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present and his advocate is absent.
Order below Garnishee Notice
Perused record and documents. Heard decree holder. It appears that order of attachment under Order 21, Rule-46 of Civil Procedure Code is served on the Garnishee on 07.12.2020. Notice is served on the Garnishee on 08.04.2022. Garnishee has filed reply at Exh-3. It is submitted by the Garnishee that Judgment Debtor No.1 namely Dattaram Tanaji Koli died on 22.10.2021 and they have paid due amount to his Legal heirs. However, Garnishee has not submitted how much amount and which amount has been paid to the Legal heirs of Judgment Debtor No.1. It is also not mentioned how much amount is pending with the Garnishee. Therefore, it is necessary to issue notice to the Garnishee to give details of the amount to be paid to the Legal heirs of the judgment debtor No.1 and how much amount is balance. Hence, I proceed to pass order-
Order
Issue Notice to Garnishee to give details of the amount paid to the Legal heirs of the Judgment Debtor No.1.
Matter is adj to 29.07.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present.
Matter is adj to 20.08.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Report received from India Government Mint, Mumbai. Taken on record. It is marked as Exh-4.
Matter is already adj to 20.08.2024.
Next Purpose: HEARING
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present and his advocate is absent. He requested for adjournment. Adjournment is granted.
Matter is adj to 10.09.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
Matter is adj to 17.10.2024 for hearing.
Later on at 12.44 pm.
The decree holder in person is present.
Matter is adj to 17.10.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person is present.
Keep back.
Later on at 1.00 pm
The decree holder in person is present.
Adv. Udit Raghuwanshi for decree holder is present.
Judgment debtor and his advocate are absent.
Heard counsel for decree holder on Garnishee Notice.
Matter is adj to 12.11.2024 for hearing by Ganishee.
Next Purpose: HEARING
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. Udit Raghuwanshi for decree holder is present.
Garnishee and his advocate is absent.
Garnishee is given last chance to argue.
Matter is adj to 11.12.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 14.01.2025 for hearing on Garnishee notice.
Next Purpose: HEARING
Next Hearing Date: 14-01-2025
Date: 14-01-2025
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder in person is present.
Garnishee was given last chance to argue. Garnishee failed to argue.
Matter is adj to 24.02.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-1
Perused Garnishee notice. It is served on Garnishee, as per service report on 18.04.2022. Garnishee has filed say vide Exh-3 and 4. As per say at Exh-3, Judgment debtor Dattaram Tanaji Koli is died on 22.10.2020. As per service report at Exh-4, Garnishee has submitted their all dues to legal heir of deceased Dattaram Tanaji Koli, as per Annexure A and no amount is pending with Garnishee to be payable to the Judgment debtor or his Legal heir. Decree holder has failed to take further steps and to show that amount is pending with Garnishee. Therefore, Garnishee notice cannot be made absolute. Hence, I proceed to pass following order-
Order
Garnishee notice is disposed of.
Matter is adj to 28.03.2025 for steps by decree holder.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder is given last chance to take the steps.
Matter is adj to 25.04.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder was given last chance to take the steps. Decree holder failed to take steps. Hence, matter is kept for dismissal order.
Matter is adj to 03.05.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: Both parties and their advocate are absent.
Matter is adj to 21.06.2025 for Dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 11.25 pm
Mr. Rameshkumar Babulal Shah, decree holder in person is present and filed application for removal of caption dismissal. TOR and marked as Exh-5. O-Allowed. Caption dismissal is removed.
Matter is adj to 15.07.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder is given last chance to take steps.
Matter is adj to 31.07.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. Udit Raghuwanshi h/f Adv. Dileep Satale for decree holder is present.
The defendant and his counsel are absent.
Matter is adj to 29.08.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2025
Date: 29-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Issue notice to the judgment debtor No.2 under Order-21, Rule-22 of Civil Procedure Code.
Matter is adj to 26.09.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 13.10.2025 for Report.
Next Purpose: REPORT
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder in person is present and filed an application for serve notice to Judgment debtor No.2 on office address TOR and marked as Exh-6. O-Allowed.
Matter is adj to 04.11.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder in person is present.
Matter is adj to 15.11.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder in person is present.
Adv. Rajesh Patil h/f Adv. Dileep Satale for decree holder is present.
Report of notice is received. TOR and marked as Exh-7. On perusing notice under Order-21, Rule-22 of CPC, it appears that notice is served on judgment debtor No.2 on 29.10.2025 through bailiff.
Order below Exh-1
Perused record, it appears that decree holder has not pressed Execution proceeding against defendant No. 2 and therefore, proceeding against defendant No.2 is disposed of as recorded in roznama dated 08.01.2021. Further, it appears that garnishee has filed reply at Exh-3. It is reported that judgment debtor No.1 is died on 22.10.2021. Therefore, notice was issued to Garnishee on 14.06.2024 to give details of the amount paid to Legal heirs of Judgment debtor No.2. As per say at Exh-4 filed by garnishee, all dues are paid to legal heirs of deceased judgment debtor No.1. Therefore, decree holder is directed to take appropriate steps without fail.
Matter is adj to 29.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties are absent.
Kept back.
Later on at 2.45 pm
Decree holder in person is present.
Matter is adj to 08.12.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2025
Date: 08-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder in person is present and submitted that there is correction in the order passed in Roznama dated 15.11.2025. He submitted that in order below Exh-1 in line no. 4 from bottom, it is mentioned as judgment debtor No.2 instead of judgment debtor No. 1. Hence, roznama dated 15.11.2025 is corrected, as judgment debtor No.1 instead of judgment debtor No.2.
On perusing record, it appears that decree holder has to take steps against deceased judgment debtor No.1. Further, decree holder to satisfy how proceeding is maintainable against garnishee, as Garnishee has paid all dues to legal heirs of deceased judgment debtor No.1.
Matter is adj to 23.12.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aarushi Gandhi i/b Adv. Divya Jain decree holder is present and requested for adjournment. Adjournment is granted.
Judgment debtor and his advocate are absent.
Matter is adj to 22.01.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: None present.
Kept back.
Later on at 12.30 p.m.
Decree holder in person is present.
Kept back.
Later on at 04.00 p.m.
Decree holder in person is present and filed application to execute decree against judgment debtor No.2. TOR and marked as Exh.8. O-Put up for order.
Matter is adj to 11/02/2026 for order.
Next Purpose: ORDER
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Rameshkumar Babulal Shah, decree holder in person is present.
Adv. Arushi Gandhi for decree holder is present and filed withdrawal pursis. TOR and marked as Exh-9.
Order below Exh-1 and 9
The counsel for decree holder has filed an application below Exh-9 for withdrawal of Execution Proceeding against judgment debtor No.2. Decree holder and his advocate are present. Decree holder submitted that he wants to withdraw Execution Proceeding against judgment debtor No.2 with liberty to file fresh Execution proceeding. On perusing record, it appears that judgment debtor No.1 is expired. The decree holder has not pressed Execution Proceeding against judgment debtor No.2 on 08.01.2021. The decree holder was suppose to take steps against deceased judgment debtor No.1. However, decree holder wants to withdraw this Execution proceeding against judgment debtor No.2. As discussed above, already execution proceeding is disposed of against judgment debtor No.2. The decree holder has failed to take steps against judgment debtor No.1. Thus, in view of submissions of decree holder and his advocate, it is necessary to dispose of Execution proceeding. Hence, I proceed to pass following order-
Order
Execution Application No.184 of 2020 is disposed of as withdrawn with liberty to file fresh Execution proceeding as per provisions of law.
Nature Of Disposal: WITHDRAWL
Disposal Date: 11-02-2026