Smt. Pushpalata Purushottam Hanumante +1 moreVsMr. Vijay Raghunath Vanage

Date: 10-04-2019
Business: Shri. Ruturaj Joshi, advocate for the plaintiff present. Shri. Joshi, agrees for issue of notice before execution, as the issue of warrant of possession is prayed for. Hence, issue notice before execution to show cause as to why warrant of possession should not be issued, returnable on 17/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Shri. Paresh Madkaikar, advocate for the Plaintiff present. Exe.application marked as Exh.A (Colly). Shri. Madkaikar has tendered original notice u/o.XXI Rule 22 of CPC, alongwith report stating that notice could not be served, endorsed thereon, taken on record and marked as Exh. B. Shri. Madkaikar prays for substitute service. Substitute service by all permissible modes is allowed, returnable on 05/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Shri. Ruturaj Joshi, advocate for the Plaintiff present. On request of Shri. Joshi for filing Affidavit of Service, adjourned to 12/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Shri. Ruturaj Joshi, advocate for the Plaintiff present. Shri. Joshi, has tendered the affidavit of service dt.12/07/2019, in respect of service by way of pasting, taken on record and marked as Exh.C. He has also tendered the original notice, alongwith bailiff  report endorsed thereon , taken on record and marked as Exh.D. On request of Shri. Joshi, adjd to 15/07/2019, for further steps.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Shri. Ruturaj Joshi, advocate for the Plaintiff present. Shri. Joshi has tendered for issue of warrant of possession, taken on record and marked as Exh.E. Upon perusing the application and upon hearing Shri. Joshi, issue warrant of possession returnable on 27/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Shri. Ruturaj Joshi, advocate for the Plaintiff present. On request of Shri. Joshi, for taking further steps adjd to 30/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Shri. Ruturaj Joshi, advocate for the Plaintiff present. Shri. Joshi has tendered the Sheriff Report (True Copy) dt.26/8/2019 in respect of non execution of writ of possession alongwith the original writ of possession issued on 14/08/2019, taken on record and marked as Exh.-F (Colly). Shri. Joshi has also tendered application in form of affidavit for execution of writ of possession by breaking open lock or bolt u/o.XXI Rule 35 of CPC, taken on record and marked as Exh.-G. Shri. Joshi submits that for passing order on the application for forcible possession, the matter may be referred to the Honourable Court No.4. Hence, the matter is hereby submitted to the Honourable Court no.04 on 30/09/2019. Office to take steps to assign this matter to the Honourable Court No.4. Parties and advocate to appear before the Court no.04  on 30/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Court is vacant.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Madkaikar for D/H present.
None for J/D.
Heard advocate for D/H on Exh.G
Adjd for Order to 26.11.2019.
Next Purpose: ORDER
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Madgaikar for D/H present.
None for J/D.
Order below Exh.G-
Heard advocate for D/H. Under this application the D/H are claiming possession of the suit premises by breaking open it\''s lock or bolt. It appears from record that the earlier presiding officer had already issued possession order 21 Rule 35 of C.P.C. However as per bailiff report at Exh.F. It revealed that the concern bailiff alongwith plff no.2 had gone to suit premises on 26.08.2019 for obtaining possession of the same as per the aforesaid possession warrant. However the bailiff Report Exh.8 further shows that when the bailiff met one security guard found there, the guard told him that the suit premises had been locked for many years. The J/D was also not found there. Under such circumstances the suit premises needs to be given possession of D/H as per the decree under execution by breaking open the said lock. Hence the bailiff after breaking open the lock of suit premises shall make inventory of the articles of J/D if any found therein. The bailiff is further directed to deliver such articles to J/D or to keep in safe custody as deems fit and to give vacant and peaceful possession of the suit premises to D/H. The necessary charges be borne by the D/H.
The bailiff is directed to submit report of such handing over of the suit premises in this court.
Adjd for Bailiff\''s report in respect of Compliance to 22.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Ruturaj Joshi for D.H. no. 1,2 and 3 present and tendered pursis t.o.r. Its marked at Exh.2
None for J.D.
KB LO
D.H. No. 1,2and 3 are present and they have received possession of the suit premises on 15-01-2020 through court belief and the decree is fully satisfied. In view of this statements the execution petition is disposed off as the decree is fully satisfied. The decree in Suit No. 2592/17 is fully satisfied.
Nature Of Disposal: OTHER
Disposal Date: 22-01-2020

Main Case No: SUIT/0102592/2017
Main Cnr: MHCC010103482017
Main Filing No: 111447

Registration Number: 100108/2019
Transfer Date: 11-09-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Filing Number: 103417/2019
Filing Date: 27-03-2019
First Hearing Date: 10th April 2019
Decision Date: 22nd January 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE