Date: 05-05-2018
Business: Smt. Shivani S. Kunder, Advocate of Plaintiff Present. As the matter is for issue of possession warrant, Ms.Kunder agrees for issue of notice to defendant, before execution. Hence, issue notice to defendant returnable on 29/06/2018.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Ms. Shivani Kunder, Advocate for Plaintiff, present. Plaintiff, Defendants (except D-5) and Applicant are present. EA marked as Exh.1 (colly.). Original notice u/o. XXI Rule 22 with service report endorsed thereon, tendered by Ms. Kunder is t.o.r. and marked as Exh.2. Vakalatnama of Shri J. J. Shah for Obstructionist Devdas A. Foka is t.o.r. and marked as Exh.3. For reply of Defendants adjd to 03/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Mr. Kesari J. Foka, Plaintiff, present, his Advocate absent. Since, Court is on leave, board discharged and adjd to 07/07/2018. Later on, at 2.10 p.m. Defendant No.3-Smt. Renuka Kashinath Raje and Defendant No.4-Smt. Rama Gopinath Koli, present, their Advocate absent. Next date informed to the Defendants.
Next Purpose: FOR___________________
Next Hearing Date: 07-07-2018
Date: 07-07-2018
Business: Plaintiff present. Ms. Sadaf Maldar h/f J. J. Shah, Advocate for Defendant, present. Ms. Maldar seeks time to file reply and for taking instructions, adjd to 21/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2018
Date: 21-07-2018
Business: Ms. Shivani Kunder, Advocate for Plaintiff, present. Mr. J. J. Shah, Advocate for Defendant, present. Mr. Shah seeks time and undertakes to file reply by 31/07/2018. Hence, by consent, adjd to 31/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Smt.Shivani Kundar, Advocate for Plaintiff present. Ms.Sadaf Maldar h/f. Shri J.J.Shah, Advocate for Defendants is present. Vakalatnama of Shri J.J.Shah, for Defendant Nos.3 to 5, tendered by Miss.Maldar, is taken on record, marked as Exh-4. Affidavit Dtd.31/07/2018 on behalf of Defendant Nos.3 to 5, tendered by Ms.Maldar, is taken on record, marked as Exh-5. Copy of the said affidavit is served to Smt.Kundar across the bar. Smt.Kundar objects for not filing any reply by Defendant Nos.1 and 2 and the obstructionist Devidas Foka. Ms.Maldar, upon instructions submits that the Defendant Nos.1 and 2 are adopting the reply of Defendant Nos.3 to 5 and the endorsement to that effect of Defendant Nos.1 and 2 is endorsed below the affidavit of Defendant No.3 to 5 (Exh-5). Smt.Kundar objects for the said endorsement as the same is not proper. Smt.Kundar seeks time to file rejoinder and on her request adjourned to 09/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: Shri J. J. Shah with Ms. Sadaf Maldar, Advocate for Defendants present. Plaintiffs and Defendants also present. Obstructionist Devidas Foka is also present. Ms. Maldar files pusis dated 31/07/ 2018, same is t.o.r. and marked as Exh.5. She also tendered Affidavit of Defendant No.1, same is t.o.r. and marked as Exh.6. She has also tendered Vakalatnama of J. J. Shah for Defendant No.1, same is t.o.r. and marked as Exh.7. Ms. Maldar makes a statement that transfer application has been filed in Dindoshi Court and she undertakes to serve the notice of hearing of the same to the Plaintiffs. In view of this by consent of Advocates and Parties present before the Court, adjd to 21/08/2018. Later on after departure of Ms. Maldar, Ms. Shivani Kundar, Advocate for Plaintiff appeared, and she has been made aware of the earlier proceedings. Ms. Kundar files application u/o.XXI Rule 97 of C.P.C., same is t.o.r. and marked as Exh.8. Copy of this application served upon Manoj Foka son of Defendant No.1, Shri Devidas Foka-Obstructionist and Defendant No.4. Ms. Kundar submits that matter may be referred to the Hon\'ble Court Room No.2. Ms. Kundar submits that as the Defendants are very much present, orders for referring the matter to the Hon\'ble Court may be passed by informing the Defendants accordingly. In view of this matter is submitted to the Hon\'ble Court Room No.2 on 21/08/2018. Parties and Advocates to appear before the Court Room No.2 on 21/08/2018.
Disposal Date: 09-08-2018
Date: 21-08-2018
Business: Adv.Ms.Shivani Kunder for Decree Holder present.
Adv.Shah for obstructionist/Judgment Debtor present.
He filed draft N/m along with affidavit t.o.r. Leave granted to register N/m. Returnable on next date. Copy served to other side.
Adjd.for N/m reply on 18.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv.Ms.Shivani Kunder for Decree Holder present.
She filed reply to N/m t.o.r.
Adv.Ms.Sadaf Malbar for obstructionist present.
She filed registered N/m No. 3416/18 t.o.r.
None for defendant.
Adjd for N/m hearing on 25.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: HHJ is nominated as trainer for training on mediation hence today board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: As court is on leave board discarged
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Shivani for plaintiff present.
Plaintiff present.
Defendant present. Advocate for defendant absent.
On request of defendant, adjourned for NM hearing to 19.3.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. Sadaf Maldar for obstructionist present.
Adv. Shivani Kundan for Plaintiff present.
Plff no.1 present.
On request of Adv for obstructionist, adj as a last chance for hearing to 28.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. J.J.Shah for Obstructionist present.
Adv. Shivani Kunder for Plaintiff present.
Adv for Obstructionist sought time to file reply to application under O-21 Rule 97 of CPC. Short time is granted to file reply.
Adj for reply to 08.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Shivani Kunder for Plaintiff present.
Adv. Sadaf Maldar for obstructionist present.
Reply filed by Obstructionist t.o.r.
Copy given to Plaintiff.
Plff filed affidavit in support of application under O-21 Rule-97 of CPC t.o.r.
Adj for R/E to 30.04.2019.
L.O.
Adv for Plaintiff submitted that Plaintiff is 72 years old.
Plaintiff is senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Applicant and Adv absent.
Adj for R/E to 09.07.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Plaintiff is present. Adv absent.
Deft and Adv absent.
Adj for R/E to 23.08.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Shivani kundar for applicant present.
Adv. Sadhak Maldar for respondents present.
Ex. A Affidavit of evidence filed by applicant copy is given to obstructionist
Matter is adj for evidence to 11.09.2019
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Court is on leave Hence matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Sadaf Maladar for obstructionist.
Shivani Kunder for plaintiff present.
Applicant present.
Adjournment application filed by obstructionist
O- Granted as last chance.
Adjourned to 26.11.2019 R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: HOB
Adv. Shivani Kunder for plaintiff present.
Adv. Sadaf Maldar for obstructionist present.
KB
LO
As court busy in other matter, adjourned to 9.12.2019 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: P. O. is on leave hence adj.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Shivani Kunder for plaintiff present.
As court is busy in passing order in other matter.
Hence, adjourned to 10.02.2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv Sadaf Maldar for Obstructionist present.
Deft present.
Matter stands Adj for recording evidence to 17/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: As Court is on leave hence, Board adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2020
Date: 17-02-2020
Business: As Court is on leave hence, Board adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Plff present.
Adv Shivani Kundar for plff present.
Respondent absent.
Matter stands Adj for recording evidence to 27/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-10-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv Thapa h/f J. J. Shah for deft present.
Matter stands Adj for Recording Evidence to 20/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv Sadab Maldar for obstructionist present.
None present for plff.
Since this is first date after the lock down,
Matter stands Adj for RE to 06.04.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: P. O. is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: DHR No. 1 present.
Adv Shivani Kundar for DHR present.
None for JDR and obstructionist.
Matter stands Adj for Evidence to 28/10/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Shivani Kundan for DHR present.
Adv. Sadap Maldar for obstructionist present.
Last chance is granted to obstructionist for evidence, in default suitable order will be passed on next date.
At the request of advocate of obstructionist matter stands Adj for evidence on 25.11.2012.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Sadaf Maldar for obstructionist present.
Adv. Shivani Kundan for DHR present.
DHR present.
Adv. for obstructionist filed adjournment application on the ground that advocate on record is required to travel out of station for urgent work. T.O.R. On 20/10/2021, last chance was granted to obstructionist and it was made clear that in default, suitable order will be pass today. Today also obstructionist came with adjournment application. However, considering reasons mentioned in the adjournment application, last chance is granted to the obstructionist subject to cost of Rs. 5,000/- to be paid to decree holder DHR on next date. At the request of Adv. for obstructionist, matter stands adjourned for evidence on 14/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2022
Date: 25-11-2021
Business: Adv. Sadaf Maldar for obstructionist present.
Adv. Shivani Kundan for DHR present.
DHR present.
Adv. for obstructionist filed adjournment application on the ground that advocate on record is required to travel out of station for urgent work. T.O.R. On 20/10/2021, last chance was granted to obstructionist and it was made clear that in default, suitable order will be pass today. Today also obstructionist came with adjournment application. However, considering reasons mentioned in the adjournment application, last chance is granted to the obstructionist subject to cost of Rs. 5,000/- to be paid to decree holder DHR on next date. At the request of Adv. for obstructionist, matter stands adjourned for evidence on 14/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: DHR present.
Adv Shivani Kundan for DHR present.
Adv Sadaf Maldar for Obstructionist present.
She paid cost of Rs. 5,000/- to the DHR.
Exh B - She also filed application for transfer of Execution Application to Dindoshi Court. t.o.r. Copy given to Adv for DHR.
Adv for DHR seeks time to file reply on Exh. B.
Matter stands Adj for Reply and Hearing on Exh. B and NM to 01/04/2022.
Next Purpose: REPLY
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: P.O. is on leave, matter is adjd to
Next Purpose: REPLY
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: DHR present and his Adv absent.
Adv Thapa for JDR present.
P. O. is busy in dictating in bunch of Adoption Petitions.
Hence matter stands Adj for NM Reply to 23/06/2022.
Next Purpose: REPLY
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 15-07-2022
Date: 23-06-2022
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-08-2022
Date: 15-07-2022
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Thapha for JDR no. 3, 4 and 5 and obstructionist present.
Adv. Shivani Kundan for DHR present.
Reply to n/m No. 3416/2018 treated as reply to this application No. B on the request of advocate for DHR.
The advocate for DHR informed that DHR no. 1 expired on 28/07/2022.
Matter is adjd for steps to 13/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Shivani Kunder for DHR present.
She tendered draft ch/s. Leave is granted to register it.
Copy be serve on other side.
None for JDR present.
Matter is adjd for reply to 04/10/2022.
Next Purpose: REPLY
Next Hearing Date: 04-10-2022
Date: 13-09-2022
Business: Adv. Shivani Kunder for DHR present.
She tendered draft ch/s. Leave is granted to register it.
Copy be serve on other side.
None for JDR present.
Matter is adjd for reply to 04/10/2022.
Next Purpose: REPLY
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Shivani Kunder for applicant in ch/s no. 1539/2022 present.
She register ch/s no. 1539 of 2022 TOR.
She is directed to file affidavit of service.
None for DHR and JDR.
Parties are directed to give CTS number of suit property.
Matter is adjd for service of ch/s to 15/11/2022.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 14-12-2022
Date: 15-11-2022
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Shivani Kundar for DHR present.
She filed affidavit of service. TOR. Service is completed.
Adv. Priti Marchand for JDR present.
Chamber Summons no. 1539 of 2022 is taken up for hearing with consent. JDR did not file reply. Chamber Summons is taken out to bring LR\''s of DHR no. 1 on record. LR\''s are necessary party, hence Chamber Summons no. 1539 of 2022 is allowed in terms of prayer (a) with no order as to costs.
Matter is adjourned for compliance to 31/01/2023.
L. O.
Adv. Shivani Kundar for DHR present.
She filed pursis Exh C TOR.
Already ajd to 31/01/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: DHR no. 2 present.
Adv. Preeti Merchant for JDR present. KB.
L. O.
Adv. Shivani Kundar for DHR present.
Time extended for compliance on oral request. She filed application Exh D. TOR. The advocate for JDR has no objection to carry out amendment in terms of application. Application allowed in terms of prayer made in para 3 with no order as to costs.
Matter adjourned for compliance to 06/03/2023 on the request of both advocate.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Preeti Merchant for JDR present.
DHR and JDR no. 1 present.
Advocate for DHR absent.
Both seek time for compliance. Time granted.
Matter adjourned for compliance to 30/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: DHR no. 2 present and advocate absent.
Adv. Preeti Merchant for JDR present.
JDR present. KB
L. O.
Adv. Shivani Kundan for DHR Present.
DHR is directed to serve copy of amended of execution petition on JDR.
Matter adjourned for compliance to 20/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. Shivani Kundan for DHR present.
She filed service affidavit. TOR. Service is completed.
Adv. Preeti Merchand for JDR present.
She seek time for hearing on n/m. The advocate for DHR opposed adjournment and in the alternative requested for costs. Execution petition and n/m is pending since 2018. Considering the request made by advocate for JDR time granted, subject to costs of Rs. 500/- to be paid to DHR on or before next date.
Matter adjourned for hearing to 05/06/2023.
Next Purpose: HEARING
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Ms. Shivani Kunder for DHR present.
Adv. Mr. J.J. Shah for obstructionist present.
Cost paid by Obstructionist to DHR.
Matter adjourned for hearing on 26.06.2023.
Next Purpose: HEARING
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Ms. Preeti Merchant for obstructionist present. She seeks time. O- Time granted as a last chance.
Adv. Ms. Shivani Kunder for DHR present.
Matter adjourned for hearing on 03.07.2023.
Next Purpose: HEARING
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Both parties and advocate absent.
K.B.
Adv. Shivani Kundan for decree holder.
K.B.
Adv. Pretti Merchant for obstructionist is present filed written notes of arguments. Copy served on other side. Obstructionist present.
Matter adjourned for argument on NM for DHR on 15.07.2023.
Next Purpose: HEARING
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: At 2.50 P.M.
DHR present.
Advocate Ms. Shivani Kundan for decree holder present.
Advocate Ms. Preeti Merchant for obstructionist is present.
Matter adjourned for hearing on 28.07.2023.
Next Purpose: HEARING
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: DHR present and seeks time because his advocate is not available today. O- Granted.
JDR present.
Matter adjourned for hearing on 18.08.2023.
Next Purpose: HEARING
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Advocate Ms. Shivani Kundan for DHR present.
JDR present.
KB
LO at 3.25 P.M.
JDR seeks time. O- Granted.
Matter adjourned for hearing on 18.09.2023.
Next Purpose: HEARING
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Both parties and advocate absent.
L.O. at 2.55 P.M.
Advocate Ms. Shivani Kundan for DHR present.
Matter adjourned for hearing to 01.11.2023.
Next Purpose: HEARING
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Advocate Ms. Shivani Kunder for applicant present.
Advocate Ms. Preeti Merchant for obstructionist present.
Court is busy in dictating order in Guardian Petition No. 109 of 2022, hence board discharged and adjourned.
Matter adjourned for hearing on 12.12.2023.
Next Purpose: HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Advocate Shivani Kunder for applicant present.
KB Later on at 03.20 p.m.
Advocate Preeti Merchant for obstructionist present.
Matter adjourned for hearing on 08.01.2024.
Next Purpose: HEARING
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: This court newly established since 02.01.2024.
Matter received from CR No.2.
None for plaintiff.
None for defendant.
LO at 1.00 PM
None present when matter called again.
Matter is for evidence of DH plaintiff who is under crossed.
Matter adjourned for evidence/cross/ further order to 24-01-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shivani Kundan for DH/plaintiff present.
Adv. Priti Marchant alongwith obstructionist present.
Plaintiff No.1 present.
None for JD/defendants No.1, 3,4 and 5.
Heard advocate for DH on NM No.3416/18.
Matter adjourned for argument by JD/defendant Nos.1, 3, 4 and 5 on NM P.H. to 29-01-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shivani Kundan for plaintiff/DH present.
None for defendant/ JD.
Adv. Preeti Marchant for obstructionist present and filed pursis stating that now no further argument to be file in this motion Closing argument in NM pursis t.o.r. and marked as Exh.02.
Plaintiff No.2 present.
No argument in advanced if any by defendant. Last chance granted, hence matter posted for argument of defendant/JD if any /further order.
Matter adjourned for NM hearing/ further order to 03-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Shivani alongwith Plaintiff/DH in person present and not pressed Exh-D. O-In view of not press to this application by DH/ Applicant through advocate hence it is filed.
Defendant no.2 present in person and stated that she does not want to say anything / noting to argue the matter.
None for other defendants.
Matter adjourned for passing order in NM No.3416/18 to 09-02-2024.
Next Purpose: NM ORDERS
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shivani Kunder alongwith plaintiff/DH present.
None for defendant.
Adv. Preeti Marchant for obstructionist present.
F.R.S.R Following order passed in NM No. 3416/2018.
Order
1. Notice of motion No.3416/2018 in Execution Application No.100/2018 in Suit Mo. 8565/2002 (H.C.Suit No. 2933 of 2002) stands rejected and disposed off.
Matter adjourned for steps to 28-02-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: The Court is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff in person present.
None for defendant.
Kb L. O at 11.45 am
Plaintiff in person present. None for defendant.
Kb till 1.00 pm
L. O at 1.00 pm
Steps not taken till date.
Plaintiff in person present and seeks time. Adv. for plaintiff absent.
Matter adjourned for taking steps to 01/07/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: PO is on leave in 1st half session
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/ plaintiff No. 2 Akshay is present.
None for JD/ defendant.
KB...LO at 12.08 pm
Adv. Shivani Kundar DH /plaintiffs is present.
None for JD/ defendant.
Matter is adjourned for hearing to 17-08-2024.
Next Purpose: HEARING
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff No.2 is present. His advocate is on the way.
None for JD/defendant.
KB. LO at 11.36 am.
DH/plaintiff No.2 is present alongwith his Adv. Shivani Kunder.
None for JDs/ defendants No.1 to 5.
Obstructionist namely Devdas Anant Foka is present. His advocate is absent.
Arguments of advocate Shivani Kunder for DH/ Plaintiff are heard regarding issuance of possession warrant.
None present for JDs No.1 to 5.
Call report from Execution Department regarding appeal intimation if any, against final decree in SU No.8565/2002 dt.20-04-2017 which is registered on 19.12.2017 with the office of Sub- Registrar-1 Andheri and against rejection of NM No.3416/2018 dt.09.02.2024.
She filed pursis alongwith two documents. TOR and marked as Exh.03. O- Seen and filed.
Matter adjourned for arguments P.H. of JDs No.1 to 5 as a last chance to 26-09-2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: The Court is on Leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH/plaintiff No.2 is present. His advocate is on the way.
None for JD/defendant.
KB. LO at 1.43 pm.
DH/plaintiff No.2 is present alongwith his Adv. Shivani Kunder.
Arguments of DH are already heard on the last date.
None for JDs/ defendants. Hence, no arguments from their side.
Report from Execution Department is awaited.
Matter adjourned for awaiting report from execution department to 11-10-2024.
LO at 4.37 pm.
DH/plaintiff No.2 is present alongwith his Adv. Shivani Kunder and he filed pursis stating that he did not receive appeal intimation from the JDs till today . TOR and marked as Exh.04. O- Seen and filed.
AS of Execution Department Mr. Kadam is present and submitted that while issuing possession warrant to the office of Sheriff, they used to verify from the Board Department about appeal intimation , if any.
Matter adjourned for order to 21-10-2024.
Next Purpose: ORDER
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
D. H. No.2 is present. His Advocate is absent.
None for J.D./defendants.
F. R. S. R. following order is passed below Exh.1 -
ORDER
Issue possession warrant as per Order 21 Rule 35 of the Code of Civil Procedure, to hand over separate possession of their 1/6th share in the Suit premises to the Decree Holders i.e. Rooms No.1, 2 and 3 admeasuring total carpet area of 243 Sq. Feet, situate at Versova, Taluka Andheri in City Survey No.560/01.
Matter adjourned for Report of possession warrant to 10.12.2024.
LO at 01.05 p.m.
Adv. Shivani Kunder a/w DH No.2 is present.
Matter already for report of possession warrant to 10.12.2024.
Next Purpose: REPORT
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: DH No.2 is present. His advocate is on the way.
Adv. Sayali Bhaidkar for obstructionist Devdas Anant Foka is present and filed her VP. TOR. Marked as Exh-05. O-filed. She also filed adjournment application. TOR. Marked as Exh-06. O-other side to say.
K.B.
Later on at 1.04 p.m.
DH No.2 a/w his Adv. Pallavi Desai i/b Adv. Shivani Kundan is present and filed say on Exh-06.
Adv. Sayali Bhaidkar for obstructionist Devdas Anant Foka is present.
Heard arguments of both sides on application at Exh-06.
It is seen that Writ Petition No.35720/2024 is pending for admission. No orders are passed in it. Moreover the NM No.3416/2018 was already taken out by this obstructionist and my ld. Predecessor has rejected it on 09.02.2024. Hence adjournment as prayed cannot be granted. Therefore application at Exh-06 is rejected.
Bailiff report is received from the office of Sheriff that the possession warrant could not be executed due to obstruction raised by Devdas Foka and his son. TOR. Marked as Exh-07. O-seen and filed.
Adv. Pallavi Desai for DH filed an application for police protection for execution of the decree. TOR. Marked as Exh-08. O-DH to argue on this application.
Matter adjourned for arguments on Exh-08 to 04.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: PO is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: DH No.2 is present.
Obstructionist namely Devdas Foka a/w his Adv. Lanjekar is present and filed affidavit in reply to application at Exh-08. TOR. Marked as Exh-09. O- Seen and filed. Copy is served upon DH No.2.
he also brought to the notice of the Court that obstructionist challenged order passed by this Court dated 21.10.2024 regarding issuance of possession warrant as per Order-21 Rule-35 of the CPC in Writ Petition No.48/2025. But Honble High Court has dismissed it on 09.01.2025. Copies placed on record.
K.B.
Later on at 12.00 p.m.
DH No.2 a/w his Adv. Shivani Kunder is present. She tendered list of 7 documents . TOR. Marked as Exh-10. O- Seen and filed.
Obstructionist namely Devdas Foka a/w his Adv. Lanjekar is present.
Heard arguments of Adv. Shivani Kunder for DH and Adv. Lanjekar for obstructionist on Exh-08.
K.B.
Later on at 1.30 p.m.
DH No.2 a/w his Adv. Shivani Kunder is present.
Obstructionist namely Devdas Foka a/w his Adv. Lanjekar is present and he filed application seeking time to vacate the suit premises and to remove the belongings, for execution of the decree. He submitted that father of obstructionist is old aged and is admitted in Cooper Hospital for surgery. TOR. Marked as Exh-11. O- Other side to say.
Adv. Kunder for DH filed her say overleaf and has objection as this application is filed merely to prolong execution of decree. Obstructionist has already removed his belongings to adjacent suit premises. She prayed to grant 8 days time to obstructionist.
In view of contents of application and medical documents along with it as well as say filed by DH, application at Exh-11 is allowed to the extent of granting 8 days time to obstructionist.
Matter adjourned for compliance by obstructionist to 27.01.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: DH No.2 a/w his Adv. Nityanand Shankar i/b Adv. Shivani Kunder is present.
None for JD.
K.B.
Later on at 1.05 p.m.
DH No.2 a/w his Adv. Nityanand Shankar i/b Adv. Shivani Kunder is present. He seeks time for arguments on application at Exh-08 for police protection.
None for JD.
Matter adjourned for hearing on Exh-08 to 01.02.2025.
Next Purpose: HEARING
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
DH No.2 a/w his Adv. Shivani Kunder is present.
None for JDs and Obstructionist.
K.B.
Later on at 11.59 a.m.
DH No.2 a/w his Adv. Shivani Kunder is present.
None for JDs and Obstructionist.
Heard arguments of Adv. Shivani Kunder for DHs on application at Exh.8.
Matter adjourned for further order in Exh. Application to 05.02.2025.
Next Purpose: ORDER
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: DH No.2 is present.
None for obstructionist.
F.R.S.R. following further order is passed in EA.
ORDER
1. Application at (Exh.8) is allowed.
2. Reissue Possession Warrant as per Order 21 Rule 35 of the Code of Civil Procedure, to hand over separate possession of their 1/6th Share in the Suit premises to the Decree Holders i.e. Rooms No.1, 2 and 3 admeasuring total Carpet Area of 243 Sq. feet, situate at Versova, Taluka Andheri In City Survey N.560/01.
3. Police protection is granted to the Decree Holders for recovery of possession in execution of Possession Warrant as ordered above. The Decree Holders shall approach the local Police Station within whose jurisdiction the Suit premises are situate. They shall deposit the necessary charges of the police staff required by them for execution of Possession Warrant, with the concerned Police Station and upon depositing necessary charges, police protection be provided to them.
4. Inform concerned Police Station accordingly.
5. Accordingly, application at (Exh.8) stands disposed off.
Authenticated copy of this roznama be given to DHs.
Matter adjourned for report of possession warrant to 27.03.2025.
Next Purpose: REPORT
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: DH No.2 is present.
Adv. Sayali Bhaidkar for obstructionist Devdas Foka is present.
K.B.
Later on at 12.19 p.m.
DH No.2 a/w his Adv. Shivani Kunder is present.
Adv. Sayali Bhaidkar for obstructionist Devdas Foka is present.
Report is submitted by the bailiff dated 17.03.2025 stating that the warrant of possession dated 29.11.2024 and re-issued on 12.02.2025 is executed by him and he also complied order passed by this Court dated 05.02.2025. The possession receipt is annexed a/w report signed by DHs No.1 and 2. Report is taken on record and marked as Exh-12. O- Seen and filed.
Both the advocates submit that they want to file some applications.
Matter adjourned for taking steps by DH to 19.07.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: NOB TOB
High Court letter received form Board Department Inward No.11675A/2025 dated 14.07.2025.
D.D.(W.P)NO-C1113695/2025 dated 08.07.2025. Writ Petition No.48/2025.
Coram- N. J. Jamadar, J. dated 9th January, 2025.
PC -
8. In this view of the matter, when the obstruction proceedings taken out by the petitioner under Order XXI Rule 97 of the code has already been rejected by the executing Court, the fact that the decree holder had filed and withdrawn the proceeding to remove the obstruction, does not render the order of issue of possession warrant under Order XXI Rule 35 infirm. There is no substance in the petition. Hence the following order.
ORDER
The petition stands dismissed.
Matter adjourned for taking steps to 19.07.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: The Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Adv. S. S. Singh for plaintiffs is present and filed VP in NM. TOR. He also tendered draft CS and NM a/w affidavit in support. O- Leave is granted to register. Copies be served upon defendant.
None for defendant.
Matter adjourned for tendering registered CS and NM to 04.11.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. Rupesh Lanjekar for proposed JD No.1(a) is present and tendered registered CS No.2532/2025 a/w affidavit in support. He also filed affidavit of service in CS and NM. TOR.
ORDER in CS No.2532/2025.
It appears from the record that the JD No.1 died on 24.07.2025. Instant CS is within limitation. Accordingly same is allowed in terms of prayer clause (a). DH to amend Exh-01 within 14 days from today. Accordingly CS No.2532/2025 is disposed off.
Matter adjourned for compliance and reply on NM to 18.11.2025.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: The P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
DH is present.
Adv. Lanjekar for JD No.1(a and b) is present and filed affidavit of service in NM. TOR.
K.B.
Later on at 3.37 p.m.
DH is present and requested for grant of time to comply with the order dated 04.11.2025. O-Time to comply is extended till 24.12.2025 strictly as last chance.
Matter adjourned for compliance to 24.12.2025.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shivani Kunder for DH is present and filed reply to NM No.5512/2025. TOR. Copy be served upon other side. DH to tender copy of amended Exh-01 positively by next date.
None for JD.
Matter adjourned for NM hearing to 04.02.2026.
Later on at 3.40 p.m.
Adv. Shivani Kunder for DH is present and tender copy of amended Execution Application. TOR. Marked as Exh-01. Copy is served upon other side.
Adv. S. H. Singh a/w Adv. Rupesh Lanjekar for JD No.1(a to d) is present.
Matter adjourned for NM hearing to 04.02.2026.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2026
Date: 04-02-2026
Business: Court is on leave. Hence matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
DH No.2 is present.
None for JD.
K.B.
Later on at 4.20 p.m.
DH No.2 is present.
None for JD.
Matter adjourned for NM hearing to 17.04.2026.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shivani Kunder for DH is present.
Adv. Rupesh Lanjekar for JD No.1(a to d) is present and filed draft NM a/w affidavit in support. O- Leave is granted to register. Copy is served upon other side. He also not pressed the NM No.5512/2025. As NM No.5512/2025 not pressed by the JD No.1(a to d) it is disposed.
Matter adjourned for tendering registered NM and NM reply to 11.06.2026.
Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
DH No.2 is present and filed affidavit in reply to NM No.2356/2016. TOR. Copy is served upon other side.
Adv. Rupesh Lanjekar for defendants No.1(a to d) is present and tendered registered NM No.2356/2026 a/w affidavit in support.
Parties are hereby directed to make their submission on NM on the next date without failed otherwise it will be decided as per its own merits.
Matter adjourned for NM hearing to 16.07.2026 at 1.00 p.m.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
At 1.22 p.m.
DH No.2 a/w Adv. Shivani Kundar is present.
Adv. Rupesh Lanjekar for JD No.1(a to d) is present.
Heard arguments of Adv. for JD who is applicant in the NM.
Matter adjourned for argument of DH/respondent in NM (P.H.) to 20.08.2026.
Judge
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None present.
K.B.
Later on 3.40 p.m.
Adv. Rupesh Lanjekar for JD No.1(a to d) is present.
Adv. Shivani Kundar for DH is present and seeks time on her medical ground. Granted as last chance. Party hereby specifically directed to make their submission on NM on next date otherwise it decided on his own merit.
Matter adjourned for NM argument P.H. to 05.10.2026.
Judge
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 05-10-2026