EXECUTION APPLN
RAMESHKUMAR BABULAL SHAHVsKishor Tukaram Zagade and anr.
CNR MHCC010050982018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 18th June 2022
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 100221/2016
- Registration Date
- 20 Apr 2016
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 19-04-2018 Business: N.O.B. T.O.B. Matter assigned today this court. Both parties and adv are absent. Matter is adj. to 17/08/2018 for appearance. Next Purpose: FOR APPERANCE Next Hearing Date: 18-08-2018 Date: 18-08-2018 Business: Adv. B. S. Patil for D.H. present. None for Defendant. Advocate for D.H. has filed Garnishee notice u/s 175 of Bombay City Civil Court rules alongwith affidavit, TOR . Vakalatnama. Matter is adjd. to 12/10/2018 for Reply. Next Purpose: REPLY Next Hearing Date: 12-10-2018 Date: 12-10-2018 Business: None for D.H. None for J.D. Adv. Yasmin Sarang for Garnishee present. On the oral request of the advocate for garnishee, Matter is adjd. to 31/10/2018 for filing reply, as last chance. L.O. Adv. Dilip Satale for plaintiff present. He has filed Affidavit of service, TOR. Next Purpose: REPLY Next Hearing Date: 31-10-2018 Date: 31-10-2018 Business: Plaintiff in person present. None for defendant. Adv. Yasmin Sarang for Garnishee present. Advocate for Garnishee has filed reply affidavit of garnishee. Matter is adjd. to 16/11/2018 for Hearing on Garnishee notice. Next Purpose: HEARING Next Hearing Date: 16-11-2018 Date: 16-11-2018 Business: None for D.H. Adv. Yasmin Sarang for Garnishee present. Matter is adjd. to 10/12/2018 for Hearing on Garnishee notice. Next Purpose: HEARING Next Hearing Date: 10-12-2018 Date: 10-12-2018 Business: Adv. Dilip sathe for DH .Present Adv. Sarang for J.D. Present. On the oral request of adv. for DH. Matter is adjd. to 04/01/2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 04-01-2019 Date: 04-01-2019 Business: Adv. Dilip Satale for D.H. present. None for J.D. Adv. Yasmin Sarang for Garnishee present. Heard the argument of both the sides, Matter is adjd. to 10/01/2019 for Order. Next Purpose: ORDER Next Hearing Date: 10-01-2019 Date: 10-01-2019 Business: Adv. for Plaintiff absent. None for Defendant. Court is busy in dictating Judgment in Session case no.169/14 and in High Court Timebound matter no.3734/11 hence due to paucity of time, Matter is adjd. to 16/01/2019 for Order. Next Purpose: ORDER Next Hearing Date: 16-01-2019 Date: 16-01-2019 Business: Adv. for Plaintiff absent. None for Defendant Court is busy in dictating the Judgment no.4652/11 and adjusting the heavy board, due to paucity of time, Matter is adjd. to 06/02/2019 for Order. Next Purpose: ORDER Next Hearing Date: 06-02-2019 Date: 06-02-2019 Business: Adv. for Plaintiff absent. None for Defendant. Court is busy in dictating Order in Cri. MA no.1726/18, 1729/18. 1741/18 and other order matters hence due to paucity of time, Matter is adjd. to 15/02/2019 for Order. Next Purpose: ORDER Next Hearing Date: 15-02-2019 Date: 15-02-2019 Business: None for D.H. None for J.D. Court is busy in recording the evidence in old matter ie. 4797/08 and 6313/06 hence, due to paucity of time, Matter is adjd. to 01/03/2019 for Order. Next Purpose: ORDER Next Hearing Date: 01-03-2019 Date: 01-03-2019 Business: Adv. for Plaintiff absent. Adv. Yasmin Sarang for Defendant present. Court is busy in other order matters hence due to paucity of time, Matter is adjd. to 16/03/2019 for Order. Next Purpose: ORDER Next Hearing Date: 16-03-2019 Date: 16-03-2019 Business: Adv. for Plaintiff absent. None for Defendant. Court is busy in dictating Judgment in Su. no.832/14, 1123/14, 1238/14 and other old matters hence due to paucity of time, Matter is adjd. to 26/03/2019 for Order. Next Purpose: ORDER Next Hearing Date: 26-03-2019 Date: 26-03-2019 Business: None present Matter is Adjd for Fresh Argument to 15/07/2019 Next Purpose: ARGUMENTS Next Hearing Date: 15-07-2019 Date: 15-07-2019 Business: Adv.Yasmin Sarang for Garnishee present. None for DH. None for JD. Heard Argument for Adv.of Garnishee. Matter adjd for argument of DH and JD on 20.08.2019. Next Purpose: ARGUMENTS Next Hearing Date: 20-08-2019 Date: 20-08-2019 Business: Adv.Dilip For D/H. Adv.Yashmin for Garnishee KB for order. Heard Ld Counsel for Garnishee. The Garnishee has submitted that the salary of JD is only Rs. 35,000/- out of which about Rs.20,000/- are deducted under various heads . Therefore no amount can be further deducted from his salary. O- The salary certificate annexed to reply shows that some of the amount of the salary are deducted In PF, NCPF while some of the amount is deducted towards credit society, society loan, bank surety. But that cannot be a reason for non payment of the decreed amount. Therefore Garnishee is directed to deduct amount of Rs.1000/- per month towards payment of decree amount. Adjd to 05/10/2019. Next Purpose: ARGUMENTS Next Hearing Date: 05-10-2019 Date: 05-10-2019 Business: None present. KB LO At 12.05 p.m None present. Adjd to 19.11.2019 for argument Next Purpose: ARGUMENTS Next Hearing Date: 19-11-2019 Date: 19-11-2019 Business: DH present. Adv. Absent. None for JD Adjd. for steps to 10.01.2020. Next Purpose: FOR TAKING STEPS Next Hearing Date: 10-01-2020 Date: 10-01-2020 Business: Adv. B.S.Patil for DH. Adjd to 24.03.2020 for taking steps Next Purpose: FOR TAKING STEPS Next Hearing Date: 24-03-2020 Date: 24-03-2020 Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR TAKING STEPS Next Hearing Date: 06-05-2020 Date: 06-05-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR TAKING STEPS Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR TAKING STEPS Next Hearing Date: 08-06-2020 Date: 08-06-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR TAKING STEPS Next Hearing Date: 14-08-2020 Date: 14-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR TAKING STEPS Next Hearing Date: 27-10-2020 Date: 27-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR TAKING STEPS Next Hearing Date: 21-01-2021 Date: 21-01-2021 Business: PO is on leave Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-04-2021 Date: 17-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR TAKING STEPS Next Hearing Date: 29-09-2021 Date: 29-09-2021 Business: None present for both parties. KB Adv Yasmin Sarang present for the Garnishee. In response to the garnishee notice garnishee appeared and file say on 30.10.2011, thereafter the DH has not taken the further steps. In view of reply of the garnishee and as DH failed to take further steps the execution proceeding be kept for dismissal order on 29.10.2021. Matter is adjd to 29.10.2021 for dismissal. Next Purpose: FOR TAKING STEPS Next Hearing Date: 29-10-2021 Date: 29-10-2021 Business: Adv Pushpa Thapa present for the plaintiff. DH present. His advocate absent. KB DH filed application to discharged the garnishee TOR O- Garnishee is discharged. Matter be removed from the board and sent to register. Matter is adjd to 30.11.2021 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 30-11-2021 Date: 30-11-2021 Business: No R and P, adjourned to 06-05-2022. Next Purpose: FOR TAKING STEPS Next Hearing Date: 06-05-2022 Date: 06-05-2022 Business: No R and P, adjourned to 18-06-2022. Next Purpose: FOR TAKING STEPS Next Hearing Date: 18-06-2022 Date: 18-06-2022 Business: Shri R.B.Shah, Plaintiff present. Vide order dated 29/10/2021 Court No.15 has been pleased to discharge the Garnishee and ordered to sent the matter to Registrar. Record and Proceedings in the matter received today only. Plaintiff states that the Garnishee has already been discharged and prays for issue of Payment Order in respect of amount received in the office of Sheriff of Mumbai from the Garnishee. Hence, office to process the matter for issue of Payment Order. Exe.Application stands disposed of. Nature Of Disposal: ALLOWED Disposal Date: 18-06-2022
Additional Case Details
Additional Case Details
Filing Number: 105515/2018 Filing Date: 20-04-2016 Decision Date: 18th June 2022 Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI
Orders
0No order text is available in this record.
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