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CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 06th June 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100109/2019
Registration Date
27 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: 10-04-2019
    Business: Parties and Advocate absent, adjd to  16/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Parties and Advocate absent, adjd to  23/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Shri. Narendre Gharat, Advocate for plaintiff present. Shri. Gharat 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. Gharat 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 24/07/2019..
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Shri. Narendra Gharat, advocate for the Plaintiff present. On request of Shri. Gharat, adjd to, 24/09/2019, by extending returnable date of warrants ordered to be issued on 23/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Shri. Narendra Gharat, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 14/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Shri. Narendra Gharat, advocate for the Plaintiff present.
    On request of Shri. Gharat, for compliance of order dt. 23/04/2019, in respect of issuance of warrants, adjd to 22/01/2020, by extending the returnable date of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Shri. Narendra Gharat, advocate for the plaintiff present.
    On request of Shri. Gharat, returnable date of warrant is extended till 30/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Shri Narendra Gharat Advocate for plaintiff present.
    On request of Shri Gharat matter adjourned to 26/02/2021, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Shri Narendra Gharat advocate for plaintiff present.
    Ms. Krutika Mehta advocate for third party present.
    Ms. Mehta states that under the warrant of attachment property has been attached, however the said property is not of the defendant and the defendant was licensee in the said property. She undertakes to file written submission to that effect on next date.
    Shri Gharat states that the issue may be decided after the report of Sheriff of Mumbai, in respect of execution of warrant of attachment.
    For the present awaiting Sheriff report matter adjourned to 16/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Shri Narendra Gharat advocate for plaintiff present.
    Ms. Krutika Mehta advocate for third party present.
    Exe.Application marked as Exh-A(Colly).
    Shri Gharat tendered original warrants U/o.XXI, Rule 43 and 54 of CPC, with execution reports endorsed thereon, t.or. Marked as Exh.B and Exh-C respectively.
    Shri Gharat has tendered Sheriffe report bearing No.AAD/BCCW/60/2021/253/2021, dated 02/03/2021 in respect of execution of warrants of attachment u/o.XXI, Rule 43 and 54 of CPC, t.o.r. and marked as Exh.D.
    Ms. Krutika Mehata has tendered vakalatnama for applicant t.o.r and marked as Exh.E.
    Ms. Mehta has also tendered application for setting aside warrant of attachment of the property.
    Office to number the said application.
    Shri Gharat seeks time to file reply to the application tendered by Ms. Mehta today.
    Hence, by consent matter adjourned to 01/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Shri Narendra Gharat advocate for plaintiff present.
    Ms. Krutika Mehta advocate for applicant in MA No.21/2021 is present.
    Report of execution of warrants of attachment u/o. 43 and 54 of CPC, received by this office from the office of Sheriff of Mumbai vide letter No.AAD/BCCW/60/2021/253/2021, dated 02/03/2021, under this office inward No.3305 date 16/03/2021, t.o.r. and marked as Exh.F.
    Shri Gharat has tendered application for adding one more property to the list of immovable property to be attached, t.o.r. and marked as Exh.G.
    Upon hearing Shri Gharat, the said application (Exh.G) is allowed.
    Amendment be carried out as per rule.
    Shri Gharat has filed reply of plaintiff to the application taken out by the applicant, filed in MA.No.21 of 2021, as Exh.B.
    Upon filing of application MA No.21 of 2021, by the third party and to which reply has been filed by the plaintiff, the matter become contested and therefore, the matter is hereby submitted to the Honourable Court on 20/04/2021 as per assignment.
    Office to take steps for assignment of present matter alongwith the MA No.21/2021, to the Court as per assignment.
    Parties and advocates to appear before the Court on 20/04/2021, as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters is taken up. Hence, board discharged.
    Matter adjd to 03/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: CORAM :	HIS HONOUR JUDGE SHRI. S. T. SOOR		(C. R. No. 2)
    Matter pertains to C. R. No. 03
    Adv Kini for DHR present.
    Adv Krutika Mehta for JDR present.
    Matter stands Adj for Hearing to 03/09/2021.
    I/c Judge
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Narendra Gharat for plaintiff present.
    Adv. Krutika J. Mehta for applicant.
    Court is busy in recording evidence of SU 2194/09, SU 8472/00, SU 8473/00 and SU 9563/99.
    By consent, matter stands adjourned to 17.09.2021
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Matter called out at 11.20 am.
    Adv. S.G. Mahamuni for plaintiff present.
    Adv Krutika Mehta for applicant present.
    Heard both the sides on the application. The applicant filed instant application for setting aside attachment order dated 12-02-2021 on the ground that the applicant\''s were liencesers of the JD. The plaintiff/DH have no objection for setting aside attachment warrant. Hence, accepting aforesaid statement the warrant of attachment dated 12-02-2021 is hereby set aside. Upon payment of costs of Rs.1,000/- the applicant. In view of the above The MA no. 21 of 2021 is disposed off.
    Matter stands adjourned to 28-10-2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Matter called out at 11.52 a.m.
    Adv. S. G. Mahamuni for DH present. He filed application for adding one more property in the list of immovable property to be attached of the JD.
    O-Allowed.
    Plaintiff is directed to carry out necessary amendment within a period of 14 days from the date of order.
    None present for defendant.
    Matter stands adjourned to 07.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Matter called out at 12.55 p.m.
    Adv. Narendra Gharat for DH present.
    Amendment carried out.
    Issue warrant of attachment as prayed by the DH with respect to property subsequently added.
    Matter stands adjourned to 25.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Matter called out at 1.23 p.m.
    Adv. S. G. Mahamuni for DH present. He is seeking extension of issuance of fresh order of attachment after amendment.
    O-Allowed. Issue fresh warrant of attachment.
    None present for defendant.
    Matter stands adjourned to 06.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Matter called out at 12.03 p.m.
    Daughter of DH present.
    Matter stands adjourned to 13.06.2022 for compliance.
    Later on mentioned at 12.07 p.m.
    Daughter of DH present.
    Adv. S. G. Mahamuni for DH present.
    Compliance of the attachment warrant filed on record and
    marked as Exh.2.
    The report says the execution of attachment of movable not allowed.
    He is seeking time to take appropriate steps. Time granted.
    Matter already adjourned to 13.06.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-05-2022
    
    Date: 24-05-2022
    Business: NOBTOB
    Moved by praecipe.- Allowed.
    None present for plaintiff.
    Adv. Dipak Mane for defendants present. He tendered draft MA.
    O-leave granted to register.
    Draft MA handed over to the defendant.
    He also tendered service affidavit. TOR. Exh.3.
    Deft. no.1 in person present.
    The defendants tendered order dated 21.04.2022 passed by Hon\''ble Bombay High Court in First appeal stamp no.4227/2019. It appears that parties have amicably settled the dispute before the Hon\''ble High Court. The defendant tried to serve upon the plaintiff, however, could not be served. In view of the fact that the matter is settled, the warrant of attachment is hereby stayed till next date. The plaintiff to appear before the court, so that the execution application shall be disposed of accordingly.
    Matter is expedited by the Hon\''ble High Court and have directed to dispose of the execution within 6 weeks from the date of order which comes to 03.06.2022, which is in vacation.
    The matter is already fixed on 13.06.2022. Thus, looking to the aforesaid fact, notices to be issued to the plaintiff and her advocate through RPAD/bailiff to remain present on first day of reopening, so that order of the Hon\''ble High Court can be complied. The defendant to take note of preponement of date.
    Parties to act on authenticated copy.
    Matter stands adjourned to 06.06.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Plaintiff present.
    Adv. Narendra Gharat for plaintiff/DH present.
    Defendants present.
    Adv. Dipak Mane for Defendants/JDR No.1 and 2 present.
    Both the parties are agreed that the matter is amicably between them. The plaintiff do not want to proceed with the execution proceedings as well as MA. As per the direction of the Hon\''ble Bombay High Court. Execution Application no.109/2019 as well as MA no.76/2022 stands disposed of as compromise.
    Parties to act on authenticated copy.
    Nature Of Disposal: COMPROMISE
    Disposal Date: 06-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103677/2019
    Filing Date: 27-03-2019
    First Hearing Date: 10th April 2019
    Decision Date: 06th June 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Jun 2022
    Order Details: Other
    Pdf Text: 06.06.2022
    Sr. No. 73
    EA 109/19
    MA 76/22
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (COURT
    ROOM. 03)
    Plaintiff present.
    Adv. Narendra Gharat for plaintiff/DH present.
    Defendants present.
    Adv. Dipak Mane for Defendants/JDR No.1 and 2 present.
    Both the parties are agreed that the matter is amicably between them.
    The plaintiff do not want to proceed with the execution proceedings as
    well as MA. As per the direction of the Hon'ble Bombay High Court.
    Execution Application no.109/2019 as well as MA no.76/2022 stands
    disposed of as compromise.
    Parties to act on authenticated copy.
    Judge
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