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EXECUTION APPLN

Deepak Shankar Pawar Summ. Suit. 45 of 2016VsRoshana Ramesh Jadhav

CNR MHCC01004310201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 06th September 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100324/2016
Registration Date
01 Jul 2016

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 NOTICE

    Case History / Proceedings

    Case History
    Date: 24-04-2019
    Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.  On request of Shri. Jain, for taking steps, for issue of Garnishee Notice, adjd to 02/05/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.  On request of Shri. Jain for further steps adjd to 04/05/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Shri Ramesh Jain, Advocate for Plaintiff present.  Exe.Appln. Marked as Exh-A (Colly).  Shri Jain has tendered Affidavit of Plaintiff Dtd.03/05/2019, for issue of Garnishee Notice, same is taken on record and marked as Exh-B.  Hence, upon perusing the affidavit and upon hearing Shri Jain, issue Garnishee Notice returnable on 26/06/2019, before the Honourable 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: 26-06-2019
    
    Date: 26-06-2019
    Business: None for DH
    None for JD
    Adv for Garnishee Mr.Aiman present
    Adv for Garnishee filed reply
    Matter is Adjd for Hearing to 27/08/2019.
    L.O.
    Adv for DH Mr.Ramesh Jain present.
    Next Purpose: HEARING
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Adv. Aimen for Garnishee.
    KB for order.
    Heard Ld Counsel for Garnishee. The Garnishee has admitted
    that  the amount of Rs.1,18,976/- of JD on account of balance
    leave encashment is with them. This is money decree and
    therefore Garnishee is directed to deposit the said amount
    of Rs.1,18,976/- belonging to JD in this court.
    Adjd for compliance to 05/10/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: None for plaintiff.
    Adv. Aiman for Garnishee present.
    On oral request of adv. for Garnishee, adjd. to 06.11.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: None present.
    Adjd to 27.03.2020 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: P. O. is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: None present
    Adjd to 27-08-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: None present for both parties.
    KB
    LO
    Adv Ramesh Jain present for the plaintiff.
    None present for the defendant.
    Matter is adjd to 04.09.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: None present for both parties.
    KB
    Adv Ramesh Jain present for the plaintiff.
    None present for the plaintiff.
    KB
    LO
    None present.
    Matter is adjd to 06.09.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None present for both parties.
    Kb.  LO
    Ld. Advocate Mr. Ramesh Jain for decree holder is  present.
    The execution proceeding is taken out for recovery of Rs.1,79,224.17ps. along with the further interest on Rs.1,50,000/- at the rate of 9% per annum.
    A notice was issued to the garnishee, who in response deposited amount of Rs.1,18,976/- which was available with him. Today, the ld. Advocate for the decree holder submits that the garnishee may be discharged as it has deposited the available amount in the Court.
    The amount of Rs.,1,18,976/- deposited by the garnishee in the Court be returned to the plaintiff in execution of the decree subject to filing of the affidavit that the decree is not set aside till date or its execution is not stayed by any Court till date.  The matter be removed from the board.
    R & P be sent to the Registrar.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 06-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104134/2019
    Filing Date: 01-07-2016
    First Hearing Date: 24th April 2019
    Decision Date: 06th September 2021
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Sept 2021
    Order Details: Other
    Pdf Text: Dt: 06.09.2021
    Exe App. 324/16
    CORAM : H.H.J SHRI. V.B.KAKATKAR(C.R.NO.15)
    None present for both parties.
    Kb. LO
    Ld. Advocate Mr. Ramesh Jain for decree holder is present.
    The execution proceeding is taken out for recovery of
    Rs.1,79,224.17ps. along with the further interest on
    Rs.1,50,000/ at the rate of 9% per annum.
    A notice was issued to the garnishee, who in response deposited
    amount of Rs.1,18,976/ which was available with him. Today,
    the ld. Advocate for the decree holder submits that the
    garnishee may be discharged as it has deposited the available
    amount in the Court.
    The amount of Rs.,1,18,976/ deposited by the garnishee in the
    Court be returned to the plaintiff in execution of the decree
    subject to filing of the affidavit that the decree is not set aside
    till date or its execution is not stayed by any Court till date. The
    matter be removed from the board.
    R & P be sent to the Registrar.
    Judge
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