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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

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: 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

    0

    No order text is available in this record.

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