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EXECUTION APPLN

Silvering Roadways (South)VsRakesh Road Carriers

CNR MHCC010052802018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 15th November 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100104/2018
Registration Date
20 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Silvering Roadways (South)

    Respondent

    1. 1Rakesh Road Carriers

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 19-06-2018
Business: Mrs. H. D. Kapadia I/b Kalyani G. Parmar, Advocate for Plaintiff present.  None for Defendant.  Mrs. Kapadia prays for warrants of attachment u/o. XXI Rule 43 and 54 of C.P.C. without notice u/o. XXI Rule 22 as the Execution is within 2 years of the Decree.  Issue warrants as prayed for, returnable on 19/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: Mrs. Asmita Kapadia I/b Kalyani G. Parmar, Advocate for Plaintiff present.  On request of Mrs. Kapadia for making application for amendment in Execution proceedings, adjd to 10/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Mrs. Asmita Kapadia I/b Kalyani G. Parmar, Advocate for Plaintiff present.  On request of Mrs. Kapadia for making application for amendment in Execution proceedings, adjd to 31/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Mrs. Asmita Kapadia I/b Kalyani G. Parmar, Advocate for Plaintiff present.  On request of Mrs. Kapadia for making application for amendment in Execution proceedings, adjd to 22/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Mrs. Asmita Kapadia I/b Kalyani G. Parmar, Advocate for Plaintiff present.  Execution Application marked as Exh.A (colly.).  Ms. Kapadia tendered application for amendment in the address of Defendant No.1, t.o.r. and marked as Exh.B.  She has also tendered affidavit in support of the application for amendment, t.o.r. and marked as Exh.C.  Upon hearing Ms. Kapadia and upon perusing application and affidavit, amendment allowed.  After amendment in Execution Application, consequential amendments be carried out in the warrants of attachment and amended warrants of attachment are returnable on 28/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Shri. Burjis Bhatena, Advocate for plaintiff present. As Court is on leave, board discharged and matter is adjourned to 25/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Parties and Advocate absent.  Sheriff\''s report in respect of execution of warrant of attachment u/o.XXI Rule 54 of CPC, bearing No.SGP-A 70743/35/2018, dated 05/01/2018, under this office Inward No.456, dated 11/01/2019, is t.o.r. and marked as Exh.D.  For directions, adjd to 04/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Miss. Asmita Kapadia, advocate for plaintiff present. On request of Ms. Kapadia, for taking further steps, for issuance of warrant of sale, adjourned to 13/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Miss. Asmita Kapadia, advocate for plaintiff present. Shri. Yogesh Ganeriwala, partner of plaintiff present. Miss. Kapadia prays for warrant of sale and in support of the same, she has tendered affidavit of the plaintiff, taken on record and marked as Exh.E. Hence, upon perusing the affidavit and upon hearing Ms. Kapadia, issue warrant of sale as prayed for, returnable on 15/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Ms. Asmita Kapadia, advocate for the plaintiff present.
Ms. Kapadia states that, in view of pendency of Notice of Motion no.1089/2019, order of issuance of warrant of sale was not yet complied with. However, the said Notice of Motion no.1089/2019 has now been rejected vide order dt.30/07/2019, and states that she will now proceed with the warrant of sale already ordered to be issued.
Warrant of sale already ordered to be issued to remain alive till completion of sale proceedings. Plaintiff is at liberty to take out appropriate proceedings, if any third party obstructed during the Sale proceedings. Exe.application stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 15-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103208/2018
Filing Date: 20-04-2018
First Hearing Date: 19th June 2018
Decision Date: 15th November 2019
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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