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MISC APPLICATION

Georgis JabalpurwalaVsMohammed Hussain Shaikh +1 more

CNR MHCC0100487820189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th January 2020

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100015/2018
Registration Date
16 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Georgis Jabalpurwala

    Respondent

    1. 1Mohammed Hussain Shaikh
    2. 2Mohammed Ashpak H. Miya

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-04-2018
Business: Adv Shob for D.H. present.
Issue notice to other side through Court Sheriff on P.F.
Hamdast Permitted subject to producing of service.
Adjd to 12/07/2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-07-2018

Date: 12-07-2018
Business: Plff. absent, Adv. for plff. present.
Deft. absent, Adv. for deft. absent.
Suit is adjd to 18/07/18 for compliance.
L.O.
Adv. Mr.  Judgment debtor filed  undertake to file vakalatnama on next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2018

Date: 30-07-2018
Business: Adv. Hingarane for Judgment Debtor 1 and 2 present.
Adv. Shoyeb for Decree Holder present.
Adv. Hingarane filed Vakalatnama on behalf of Judgment Debtor 1 and 2.  TOR.
Affidavit in reply by Judgment Debtor no.1 and 2.
Adjourned to 06.09.2018 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Matter pertains to C.R. No.13.
Adv. Shoyeb for Decree Holder present and seeking possession of warrant. Adv. Upaddhay for J/D 1 and 2 present. He submitted that, he prefer appeal against the decree, so warrant can not be executed.
Defendant advocate to bring stay for execution of decree.
adjd. to 26/09/18.
Next Purpose: HEARING
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: Matter pertains to C.R. no. 13.
Applicant Present. Adv. Shoeb for Decree Holder /Applicant Present.
Adv. Shah for Judgement Debtor / defendant Present and seeks time to file V.P. Time Granted.
Adjd to 26/11/2018 for filed V.P.
Next Purpose: HEARING
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Nobody present.
Adjd for hearing to 02/07/2019.
Next Purpose: HEARING
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: None present for Plaintiff.
None present for Defendant.
It seems that, due to heavy rainfall in Mumbai, parties and  their advocates are unable to attend the Court, hence case is adjourned to 22/08/2019.
Next Purpose: HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Court is busy in recording of evidence in suit no.6329/04 and suit no.4964/07, case is adjourned to 15/11/2019.
Next Purpose: HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: court is on leave.
Next Purpose: HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: None present for applicant.
None present for respondents.
Order passed by the court decreeing the suit is already challenged before Hon\''ble High Court and Decree Holder has taken out this MA for directions to Judgment Debtor to pay DH compensation of Rs.1,50,000/- per month.  As the decree is passed DH was expected to file execution petition and it is clear that DH can not seek further prayers  beyond the decree by filing the MA.  In such circumstances, I find that MA is not maintainable.  It  stands dismissed/disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 09-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105194/2018
Filing Date: 16-04-2018
First Hearing Date: 18th April 2018
Decision Date: 09th January 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    09 Jan 2020
    Order Details: Other
Pdf Text: None present for applicant. None present for respondents. Order passed by the court decreeing the
suit is already challenged before Hon&amp#039ble High Court and Decree Holder has taken
out this MA for directions to Judgment Debtor to pay DH compensation of Rs.1,50,000/- per month.
As the decree is passed DH was expected to file execution petition and it is clear that DH can not
seek further prayers beyond the decree by filing the MA. In such circumstances, I find that MA is
not maintainable. It stands dismissed/disposed off.
-- 1 of 1 --
    Order 1
    09 Jan 2020
    Order Details: Other
Pdf Text: None present for applicant. None present for respondents. Order passed by the court decreeing the
suit is already challenged before Hon&amp#039ble High Court and Decree Holder has taken
out this MA for directions to Judgment Debtor to pay DH compensation of Rs.1,50,000/- per month.
As the decree is passed DH was expected to file execution petition and it is clear that DH can not
seek further prayers beyond the decree by filing the MA. In such circumstances, I find that MA is
not maintainable. It stands dismissed/disposed off.
-- 1 of 1 --

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