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EXECUTION APPLN

Ms. Quality ConstructionsVsShree K.V.O.A. Sangh Jain Sangh and Others

CNR MHCC01003262201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 27th February 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100090/2019
Registration Date
19 Mar 2019

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: 02-04-2019
    Business: Shri. Dinkar Kumbhar, advocate for plaintiff present. As today is the first date in the matter, on request of Shri. Kumbhar, for taking further steps, adjd to 03/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Shri. Dinkar Kumbhar, Advocate for plaintiff present. Shri. Kumbhar prays for issue of warrant u/o XXI Rule 46 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. In view of this issue warrant as prayed for returnable on 16/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Shri. Dinkar Kumbhar, Advocate for plaintiff present. Exe.application marked as Exh.A(Colly). Shri. Kumbhar has tendered original warrant u/o. XXI Rule 46 of CPC, alongwith exe.report endorsed thereon, taken on record and marked as Exh.B. Shri. Kumbhar has also tendered letter  dt.12/04/2019, issued by Canara Bank, stating therein that the Bank has freezed  subject account on 11/04/2019, as per order issued by this court, taken on record and marked as Exh.C. Amendment application tendered by Shri. Kumbhar, taken on record and marked as Exh.D.  Upon perusing the application and upon hearing Shri.Kumbhar, amendment application is allowed and on his request, adjd to 26/04/2019, for further steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Shri. Dinkar Kumbhar, Advocate for plaintiff present. On request of Shri.Kumbhar, for carrying out amendment, adjd to 02/05/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Shri. Dinkar Kumbhar, Advocate for plaintiff present. Kumbhar, has tendered the application for issue of Garnishee Notice, taken on record and marked as Exh.E. Upon perusing the application and upon hearing Shri. Kumbhar, issue Garnishee Notice, returnable on 13/06/2019, before the 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: 10-06-2019
    
    Date: 10-06-2019
    Business: By Praecipe
    Adv. Dinesh Mota for D-1 present.
    Ld. counsel tendered draft NM along with affidavit. TOR.
    Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
    Matter already adjd for reply on 13.06.2019.
    Next Purpose: REPLY
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Adv. Dinkar Kumbhar for plaintiff (Decree Holder) present.
    Adv. Dinesh Mota for D-1 present.
    Ld. counsel for D-1 tendered registered NM No.2076/19. Copy served to Ld. Counsel for plaintiff (Decree Holder).
    Ld. counsel for plaintiff sought time to file reply.
    Mr. Rajkumar the branch manager of Canara Bank (Bhandup) present. He has brought draft of Rs.6,70,000/-.
    Sheriff of Mumbai to accept the DD.
    Matter adjd for reply on 27.06.2019.
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2019
    
    Date: 13-06-2019
    Business: Adv. Dinkar Kumbhar for plaintiff (Decree Holder) present.
    Adv. Dinesh Mota for D-1 present.
    Ld. counsel for D-1 tendered registered NM No.2076/19. Copy served to Ld. Counsel for plaintiff (Decree Holder).
    Ld. counsel for plaintiff sought time to file reply.
    Mr. Rajkumar the branch manager of Canara Bank (Bhandup) present. He has brought draft of Rs.6,70,000/-.
    Sheriff of Mumbai to accept the DD.
    Matter adjd for reply on 27.06.2019.
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Patil a/w Adv. Kumbhar for plaintiff / DH present.
    Adv. Motta for obstructionist/D-1 present.
    Ld. counsel for DH has filed reply to NM No.2076/19. Copy served on other side.
    Matter adjd for hearing of NM 2076/19 on 02/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Patil a/w Adv. Kumbhar for DH present.
    None present for obstructionist and JD.
    Matter adjd for NM hearing on 11/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv. Kumbhar for DH present.
    Adv. Motta for obstructionist present.
    On the request of Ld. counsel for obstructionist matter is adjourned.
    Matter adjd for NM hearing on 11/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: PO is on leave 2nd Session
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 11-10-2019
    Business: PO is on leave 2nd Session
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Patil with Adv. Kumbhar present for plaintiff /decree holder.
    Adv. Mota for defendant present.
    Adv. plff filed an application for permission to withdraw the amount deposited by the garnishee. t.o.r. Marked as Exh.02.
    Adv. for deft filed citation. Seen and recorded. t.o.r.
    Heard both sides in NM 2076/19. the Ld adv. for deft has submitted that he is going to file citations and copy of translation of one document. Hence Matter adj for filing citations and copy of translation of one document by deft adv. and for filing reply on Exh.02 on next date.
    Matter adjd for filing reply and filing citations on 07/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2020
    
    Date: 26-11-2019
    Business: Adv. Patil with Adv. Kumbhar present for plaintiff /decree holder.
    Adv. Mota for defendant present.
    Adv. plff filed an application for permission to withdraw the amount deposited by the garnishee. t.o.r. Marked as Exh.02.
    Adv. for deft filed citation. Seen and recorded. t.o.r.
    Heard both sides in NM 2076/19. the Ld adv. for deft has submitted that he is going to file citations and copy of translation of one document. Hence Matter adj for filing citations and copy of translation of one document by deft adv. and for filing reply on Exh.02 on next date.
    Matter adjd for filing reply and filing citations on 07/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Patil for plaintiff present.
    None Present for the Deft.
    Matter adjd for filing reply and citation as a last chance on 24/01/2020 at 02.45 pm.
    Next Purpose: REPLY
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Kumbhar for plaintiff present.
    Adv. Dinesh Mota for defendant present.
    On the request of Ld. advocate for defts matter is adjourned by way of last chance.
    Matter is adj for reply on 01/02/2020 at 02.45 pm.
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Kumbhar for plaintiff present.
    Adv. Mota for defendant present.
    Ld adv for deft filed reply with translated copy of resolution t.o.r.
    O-  seen.
    Ld adv for plff filed citations with application t.o.r. O- seen and filed. Copy of citations is provided to other side today in the court.
    KB. L.O. at 3.35 pm.
    ld Adv for deft filed citation with pursis t.o.r. O-  Seen and filed. Copy of citations is provided to other side today in the court.
    KB
    Later on at 04.10 pm.
    Heard both sides. Matter adjourned for order.
    Matter adjd for NM Order on 04/03/2020 at 02.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv Kumbhar for plaintiff present.
    Adv. Dinesh Mota for JD present.
    F.R.S.R. following order is passed.
    ORDER
    Notice of Motion No. 2076 of 2019 is rejected and disposed of accordingly.
    Matter adjd for hearing on Ex.02 to 04-04-2020 at 2.45 pm.
    Next Purpose: HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Adv. Mr. Kumbhar for DH present.
    Adjd for hearing to 20/03/2021
    Next Purpose: HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Adv. P. B. Patil for DH present.
    Heard Advocate for DH.
    On perusal of record the notice of motion for setting aside exparte decree in the suit is dismissed. The DH to state on affidavit whether any appeal is preferred by JD.
    Call report of sheriff in respect of amount of Rs. 670000/- deposited by garnishee.
    Adjd for compliance to 30/04/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Adv. P. B. Patil for Plaintiff is present.
     90/19	None present for Defendant.
     Exh.2	Adv. for the plff. filed an application for permission to withdraw the amount deposited by garnishee.
    	Order- Call for report from office about receiving any stay order from Hon\''ble Bombay High Court.
    	Matter adj. to 10/08/2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv. Mr. Patil for Decree Holder present.
    NM 2016/19	None present for Defendant/JD.
    Exh. 3	Office filed a report that no Writ has been received from Hon\''ble High Court till 05/08/2021.  The DH has also not received any prohibitory order from Hon\''ble High Court.  The amount of Rs. 6,70,000/- lying with Garnishee i.e. Sheriff\''s Office deposited by the Canara Bank be paid to the Plaintiff/DH by account payee cheque only.  Accordingly, the NM No. 2016/2019 is disposed off.
    	Matter adj. to 18/10/2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: Court is vacant
    Next Purpose: ORDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Court is Vacant.
    Next Purpose: ORDER
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Court is Vacant.
    Next Purpose: ORDER
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As court is vacant Board discharged Adj. to
    Next Purpose: ORDER
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: ORDER
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: None present for plff
    None present for Defendant
    P.O. is on leave in First Session.
    Matter is adjd on 04.08.2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Matter called out at 11.36 am
    None  for plff
    None for Defendant
    Matter is adjd on 01.10.2022 for Order
    Next Purpose: ORDER
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Matter called out at 11.51 am
    None for plff
    None for defendant
    Plff DH to file report about the compliance of order dated 10.08.2021 in NM No. 2016/2019.
    Matter is adjd on 30.11.2022 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Court is busy in recording evidence in Suit No.6625/2004 and hearing arguments in Suit No. 8292/84.   Hence, Board is discharged.
    Matter is adjd on 21.01.2023 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Adv. for plaintiff filed affidavit. TOR and marked as Exh.
    Court is busy in recording evidence in SU 7495/83.
    Matter is adjd on 24-03-2023 for steps.
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: None present.
    Court is busy in recording evidence in time bound matter suit no. 4917/10 therefore matter is adjourned due to paucity of time.
    Matter is adjd on 03-05-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: PO is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters and recording evidence in Civil Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Matter is adj to 16/09/2023 for taking steps.
    Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing and dictating orders of other matters,  parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Matter is adj to 06/10/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 29/01/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Matter is adj to 06/05/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None present for DH/plaintiff.
    None present for JD/defendant.
    Matter is adj to 05/08/2024 for steps/order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Po is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-10-2024
    
    Date: 25-10-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None present.
    Matter is adj to 28/02/2025 for taking steps/necessary order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-02-2025
    
    Date: 28-02-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None present.
    Matter is adj to 08.07.2025 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Not on board taken on board matter moved by precipe Adv.Robert Dsouza for JD/defendant (Exh-4). Order-Allowed.
    Adv.Robert Dsouza filed vakalatnama on behalf of JD/defendant taken on record marked as Exh-5.  Order-Filed.
    Adv.for JD/defendant filed draft Notice of Motion, along with affidavit. Order-Leave is granted to register the Notice of Motion.
    JD/Defendant to serve copy of draft N/M to the DH/plaintiff.
    Draft N/M returned to the advocate for JD/defendant for registration purpose.
    Matter is already adj to 08/07/2025 for affidavit of service of N/M and reply to N/M.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: P.O. is on leave. Hence, adjd. to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-08-2025
    
    Date: 08-08-2025
    Business: Po is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2025
    
    Date: 11-09-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    None for DH/plaintiff.
    Adv.Nobert Dsouza for JD/defendant present and tendered registered N/M No.2855/2025 along with affidavit in support.  He also filed affidavit of service of N/M.  T.O.R marked as Exh-6. Order-Seen.
    Matter is adj to 04/10/2025 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2025
    
    Date: 04-10-2025
    Business: Court Vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-11-2025
    
    Date: 01-11-2025
    Business: Court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: CORAM - H.H.J. SHRI. R. R. PATARE -(C.R.NO.1)
    Matter pertains to Cr.No.59
    Adv. Dipak V. Bhalerao  for DH present and filed Vakalatnama T.O.R. marked as Exh-7.
    Adv. for DH filed reply to Notice of Motion No.2855/25 T.O.R.
    Matter is adj to 27/11/2025 for Notice of Motion hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2025
    
    Date: 27-11-2025
    Business: Court Vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2025
    
    Date: 16-12-2025
    Business: Court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: Court Vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: Court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Matter pertains to CR. No. 59.
    Adv. Dipak Bhalerao for plaintiff is present.
    Adv. Nobert D’Souza for defendant is present.
    Order in NM No.2855/25
    Perused NM, affidavit in support thereof and reply filed by the plaintiff/ DH. Heard Ld. Counsel for both sides. Adv. Bhalerao for plaintiff/DH conceded that there is amicable settlement between them. He also submitted that there are no dues to be recovered from the defendant as on today. He also submitted that plaintiff/DSame appearance.H have no objection to grant prayers of defendants in this NM. In view of this following order is passed.
    ORDER
        1. NM No.2855 2025 is allowed in terms of prayer clause (A) and (B).
        2. As the matter is now settled and there are no dues to be recovered from defendants the EA No.90 2019 is also disposed off.
        3. NM No.2855/2025 is disposed off.
                                                                               I/c Judge
    Nature Of Disposal: COMPROMISE
    Disposal Date: 27-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103309/2019
    Filing Date: 19-03-2019
    First Hearing Date: 02nd April 2019
    Decision Date: 27th February 2026
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2026
    Order Details: Other
    Pdf Text: Dt.27-02-2026
    EA 90/19
    NM 2855/25
    (SU 207/16)
    IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE
    CITY CIVIL COURT C.R. NO. 61
    Matter pertains to CR. No. 59.
    Adv. Dipak Bhalerao for plaintiff is present.
    Adv. Nobert D’Souza for defendant is present.
    Order in NM No.2855/25
    Perused NM, affidavit in support thereof and reply filed by
    the plaintiff/ DH. Heard Ld. Counsel for both sides. Adv.
    Bhalerao for plaintiff/DH conceded that there is amicable
    settlement between them. He also submitted that there are
    no dues to be recovered from the defendant as on today. He
    also submitted that plaintiff/DSame appearance.H have no
    objection to grant prayers of defendants in this NM. In view
    of this following order is passed.
    ORDER
    1. NM No.2855/2025 is allowed in terms of prayer
    clause (A) and (B).
    2. As the matter is now settled and there are no dues to
    be recovered from defendants the EA No.90/2019 is
    also disposed off.
    3. NM No.2855/2025 is disposed off.
    I/c Judge
    -- 1 of 1 --

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