Shri Shamrao Sukhdeo KateVsMrs. Meera Subhash Unhale

Date: 24-04-2019
Business: Shri.Kharat, advocate for the Plaintiff present. As today is the first date in the matter, on request of Shri. Kharat, for taking further steps, adjd to 26/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Shri. S. Kharat, Advocate for plaintiff present. Shri. Kharat 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. Kharat 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 26/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Ms. Jagjeet Rehel, advocate for the Defendant present. None for the Plaintiff. Exe.application marked as Exh.A(Colly). Ms. Rehel has tendered the Vakalatnama of the defendant, taken on record and marked as Exh. B. Ms. Rehel, seeks time to file reply stating that execution proceeding has not been served upon the defendant. Hence, on request of Ms. Rehel, adjd to 18/10/2019, for reply.
Next Purpose: FOR___________________
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Ms. Jagjit Rehel, advocate for the defendant present. None for the Plaintiff. On request of Ms. Rehel, for filing reply, adjd to 25/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Defendant present. Her advocate absent.
None for the plaintiff.
Defendant states that she has preferred Appeal in the Honouable High Court and therefore, seeks longer adjournment.
Hence, on request of Defendant, adjd to 19/03/2020.
Later on Shri. S. S. Kharat, advocate for the plaintiff appeared and he has been informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Ms.Namita Shirke, Advocate for defendant present.  None for Plaintiff.
No urgency is made out and In view of advisory issued by the Honourable Bombay High Court considering COVID-19 pandemic, on request of Ms.Shirke, adjourned to 24/06/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Shri Samadhan Kashid Advocate for plaintiff present.
Shri Praduman Chauhan Advocate for defendant present.
Shri Kashid has tendered Vakalatnama for plaintiff with no objection endorsed thereon by earlier advocate Shri Kharat, t.o.r. and marked as Exh.C.
Sheriff certificate bearing No.SJD/A-68425/1235/219 date 27/08/2019 under this office inward No.9249 date 28/08/2019, in respect of Execution of warrant U/o. XXI Rule 54 of CPC, t.o.r. marked as Exh.D.
Shri Kashid prays that matter be proceeded further.
Shri Chauhan states that the Notice of Motion taken out by the defendant for setting aside ex-parte decree is pending before Court room No.8 and he seeks time to take appropriate proceedings for staying the execution process.
Shri Kashid objects, however, fairly consent for short adjournment as per the convenience of the Court.
Hence, by consent matter adjourned to 06/01/2021 for steps.
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv. Samadhan A. Kashid for plff/decree holder present.
Adv. Pradhuman Chauhan for deft/judgment debtor present.
KB, LO at 2.45 p.m
This execution proceedings is received by the concerned clerk of this Court. Perused the execution proceedings. There is nothing to indicate or no orders are reflected passed by the Registrar, City Civil Court concluding that the execution proceedings have became contested one. Rules 146 to 174 of the Bombay City Civil and Session Court 1948 provides that the execution proceedings unless contested has to be dealt with by registrar. Hence, keep the matter for directions on 11.01.2021.
Adjd for directions  on 11.01.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv. Samadhan A. Kashid  for plaintiff/decree holder present.
Adv. Praduman Chouhan for defendant/judgment debtor present.
In consonance of order/roznama dtd. 06.01.2020, the Registrar (Civil) is directed to make submission/file details with in two days as this matter is allotted to this Court.
It has been submitted by Adv.of judgment debtor that one Notice of Motion bearing no. 4266/19 which is regarding setting aside the ex-parte decree for which present execution is filed is pending before Court Room no. 20 and the next date fixed therein is 20.01.2021. It is also submitted that original record and proceedings of the  Summary Suit no.72/18 is also with Court Room no. 20.
Inspite of that, the board department has allotted this execution application to this Court. The concerned person of the board department also to submit the clarification within two days on record so as to avoid any contradictory orders being passed by two different Courts. The authenticated copy of this order be sent to Registrar (Civil) and board department for the aforesaid compliance. Matter be kept for further directions on 18.01.2021.
Adjd for directions on 18.01.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Samadhan Kashid for the decree holder is present. Adv. Praduman Chauhan for the judgment debtor is present. Perused the report of Registrar Civil and Board Department which are at Exh. F and Exh.E respectively. As per the report the original record and proceedings of Summary Suit No. 72/18 are presently with Court Room No. 20. So also the NM no. 4266/19 which is for setting aside ex-parte decree and staying of execution proceedings is pending with Court Room No. 20. Inspite of that,this execution proceedings is allotted to this Court. In order to avoid passing of any contradictory orders, it would be appropriate if all these proceedings  are dealt with by one Court. Therefore, this Execution Application No. 131/19 also needs to be transferred to the Court Room no. 20. Registrar Civil is directed to place this matter before the Honble Principal Judge, City Civil Court for appropriate directions/orders. I am informed that the other matters before Court Room No. 20 are fixed on 20.01.2021, hence this matter  be also kept on 20.01.2021. Adjd for directions on 20.01.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv. Wilson Jaiswal for defendant present.
Adjd for NM hearing to 24/03/2021
L. O. at 3.30 pm
Adv. Pradhuman Chauhan for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Samadhan Kashid for plaintiff present.
Adv. Chauhan h/f Adv. Jagjeet Rehel for JD stated present and stated that senior advocate who is appearing on behalf of JD will not be able to come as his brother expired last night.
Hence prayed for adjournment. Considering the above reason adjournment granted.
Adjd for NM hearing to 08/04/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Matter called out at 02.53 p.m.
Adv. Samadhan Kashid for DH present.
None for JD.
Notice of Motion is taken out by Defendant/JD.  Plaintiff DH has still not filed reply to Notice of Motion.
Plaintiff/DH is directed to file reply on Notice of Motion on next date.
Matter is adjd on 29.07.2022 for Reply on Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Matter called out at 3.35 pm
None for plff
None  for Defendant
Matter is adjd on 07.10.2022 for NM ReplyRejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: None present
Matter is adjd on 01.12.2022 for NM Reply Rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present
Matter is adjd on 31.01.2023 for NM Reply rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: None present.
Matter is adjd on 28-03-2023 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: None present.
Matter is adjd on 17-06-2023 for Nm reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
None for defendant.
Matter is adj to 02/09/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, 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 02/11/2023 for NM Reply/Rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
The defendant has moved this N/M No.4266/19.  The plaintiff failed to file reply, hence he is right to file reply is forfeited.
Defendant to argue on next date.
Matter is adj to 12/01/2024 for argument on N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Defendant is absent since 09/06/2022 it means defendant is not interested to proceed with N/M.  Hence N/M is kept for dismissal order.
Matter is adj to 16/03/2024 for dismissal order on N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
kept back.
Matter called out at 5.27pm
None for plaintiff.
Defendant failed to proceed with N/M No.4266/19 hence N/M No.4266/19 is dismissed for want of prosecution.
Decree Holder is directed to take the steps failure of which EA will be dismissed for want of prosecution on next date.
Matter is adj to 19/04/2024 for dismissal order on EA.
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
Matter is adj to 18/07/2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
kept back.
Matter called out at 3.02pm
None present.
Matter is adj to 17/08/2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: PO IS ON LEAVE.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Matter called out at 11.18am
None present.
Keep Back.
Matter called out at 4.28pm
None present.
DH/plaintiff and his advocate are absent since 29/07/2022.  It show that decree holder is not interested to proceed with the EA No.131/2019 hence EA No.131/2019 is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 21-09-2024

Main Case No: SUMMARY CIVIL SUIT/0100072/2018
Main Cnr: MHCC010001972018
Main Filing No: 113080

Registration Number: 100131/2019
Transfer Date: 05-01-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100131/2019
Transfer Date: 18-01-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100131/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 104133/2019
Filing Date: 09-04-2019
First Hearing Date: 24th April 2019
Decision Date: 21st September 2024
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE