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EXECUTION APPLN

Lokegaonkar Narayan EknathVsTulsi Hindi Madhyamik Vidyalaya and Junior Collage and ors

CNR MHCC0100529020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 05th July 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100098/2018
Registration Date
18 Apr 2018

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: 26-06-2018
    Business: Applicant present in person.  None for respondent.  Applicant agrees for issue of notice before execution against the respondent.  Hence, issue notice before execution against respondents, returnable on 16/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Mr. Lokegaonkar Narayan Eknath, Plaintiff in person, present.  For filing Affidavit of Service, adjd 27/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-09-2018
    
    Date: 27-09-2018
    Business: Mr. Lokegaonkar Narayan Eknath, Plaintiff in person, present. Execution Application marked as Exh.A(colly.). Original notice alongwith service report endorsed thereon, tendered by Shri Lokegaonkar, taken on record and marked as Exh.-B.  Report states that notice could not be served for the reasons mentioned therein. Hence, Shri Lokegaonkar prays for substitute service by R.P.A.D. Allowed. Substitute service returnable on 29/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Mr. Lokegaonkar Narayan Eknath, Applicant in person, present. Mr. Vinayak Kumbhar, Advocate for Respondent, present. Mr. Sanjeev Tiwari, Principal-Respondent, present.  Applicant states that respondent has been served with notice and he seeks time to file affidavit of service.  Advocate for Respondent states that respondent has been served with the copy of notice only and copy of E.A. has not been served upon Respondent.  In view of this, Applicant undertakes to serve the copy of E.A. upon the Respondent on or before 12/11/2018.  Hence, by consent, adjd to 12/11/2018, for service of copy of E.A. upon the Respondent and for filing of Affidavit of service by the Applicant.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Shri Lokegaonkar, Applicant present.  None for respondent.   Vakalatnama of Vinayak Kumbhar, Advocate for respondent is already on record, now marked as Exh-C.  Affidavit of Service Dtd.12/11/2018, tendered by Shri Lokegaonkar, taken on record, marked as Exh.D.  Shri Lokegaonkar states that entire sent of Exe.Application has been served upon respondent, as ordered on last occasion.  Hence, for reply of respondent, adjourned to 28/11/2018.  Later on Shri Vinayak Kumbhar, Advocate for respondent appeared and is informed about the next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Mr. Lokegaonkar Narayan Eknath, Applicant in person, present.  Mr. S. V. Chougule, Advocate for Respondent.  On request of Shri. Chougule adjourned to 05/12/2018 for reply.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Applicant in person present.  Shri Vinayak Kumbhar, Advocate for Respondent present.  Affidavit in Reply of the Respondent, tendered by Shri Kumbhar, taken on record, marked as Exh-E.  Copy of the reply served upon applicant across the bar by the Advocate for Respondent. Applicant seeks time to file rejoinder to the reply tendered today.  Hence, by consent, adjourned to 10/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: Shri.N.E. Lokegaonkar, applicant present. Shri. V. R. Kumbhar, advocate for respondent present. Application filed by applicant seeking time to file rejoinder, taken on record and marked as Exh. F. Shri. Kumbhar, undertakes to provide legible copy of page no. 13 to 16 and 22 of the reply to the applicant  and by consent adjourned to 30/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Shri. Lokegaonkar, applicant present. Shri. V.R. Kumbhar, advocate for respondent present. Shri. Lokegaonkar states that unless the legible copy of page no. 13 to 16 and 22 of the reply of the respondent are made available to him, it will not be possible for him to file rejoinder. Upon hearing this, advocate for respondent undertakes to furnish the legible copies of documents to the applicant, as required. Hence, by consent adjourned to 13/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Shri. Lokegaonkar, plaintiff present. Shri. Vinayak Kumbhar, advocate for defendant present. Shri. Lokegaonkar seeks time to file rejoinder stating that he has not yet received the legible copies of required documents from the advocate for defendant. Advocate for defendant undertakes to furnish the same to the plaintiff within short period. Hence, by consent adjorned to 27/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Shri. Lokegaonkar, Applicant present.  Ms. Pooja Kharat I/b Vinayak Kumbhar, Advocate for Respondent, present.  Shri Lokegaonkar seeks time to file re-joinder, stating that Advocate for Respondent, has not yet furnished to him the legible copies of the required documents.  Hence, by consent, adjd to 13/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Shri. Lokegaonkar, Applicant present. Shri. Vinayak Kumbhar, Advocate for Respondent, present.  Shri. Lokegaonkar seeks time to file rejoinder and by consent, adjd to 27/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Shri. Lokegaonkar, Applicant present. Shri. Vinayak Kumbhar, Advocate for Respondent, present. Shri. Lokegaonkar has filed Civil Writ Petition no.2545 of 2018 in the Honourable High Court, wherein Registrar has been made party. As  the said Writ Petition is connected with the present proceedings, it will not be proper on the part of the undersigned to proceed further in the matter and therefore, the matter is hereby submitted to the Honourable Court on 20/04/2019, as per assignment. Office to take steps for assignment of this matter to the Honourable Court. Parties and advocates to appear before the Court on 20/04/2019, as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Plaintiff in person Present. None Present for defendant.
    Adjd to 26/06/2019 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: DH present.
    Neither the JD nor his adv  is present before the court. DH submits that the document filed with affidavit in reply of JD as supplied to him are not at all legible. The DH is at liberty to taken inspection of document available in the court with prior permission of the court. The JD is directed to supply legible copy of document to DH.
    Adjd. to 17.09.2019 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: P.O.is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Applicant present.
    Adv for JD Mr.Vinayak present.
    Exh 02 Applicant filed application.
    Adv for JD stated that he has received copy of application.
    Matter is Adjd for Reply to Exh 02 to 16.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff in person present.
    Adv for JD Mr.Vinayak Kumbhar present.
    Adv for JD filed reply to the application.
    Matter is Adjd for Hearing on the application to 13.02.2020.
    Next Purpose: HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Plaintiff in person present.
    Adv for deft Mr.Vinayak Kumbhar present.
    Adv for JD stated that he has brought the typed copy of the documents filed with affidavit in reply for supplying them to DH.
    DH stated that today he has received the typed copy of the documents filed with affidavit in reply.
    O-He has stated that he is not pressing the application filed below Exh 2 as he has received the copies. Therefore, application below Exh 02 stands not pressed, hence, filed and disposed of.
    Matter is Adjd for Reply of DH to 26.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: REPLY
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Due to National Lockdown (Covid-19).
    All parties absent.
    Matter adjd to 04.03.2021.
    Next Purpose: REPLY
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Decree holder in person is present.
    Decree holder filed an application T.O.R marked at Exh.3. O- Perused the application. Heard. The respondent is directed to supply the clear, legible typed copy to DH. Accordingly application is allowed and disposed of.
    Adjd for compliance to 17.04.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: In view of Office Order No. 73/21, all Courts shall remain closed on every Saturday. 17.04.2021 is Saturday, hence,  adjd to 31.07.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Matter called out at 2.00 p.m.
    Decreeholder in person present.
    Matter stands adjourned to 25.10.2021 for compliance.
                                                                                           Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Applicant Lokegaonkar inperson present.
    None for respondent.
    Matter stands adjourned to  20/12/2021 for compliance.
    Later on at 3.45 pm Adv. Vinayak Kumbhar for JD present.
    Already Matter stands adjourned to 20/12/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Applicant in person present.
    Adv. Vinayak Kumbhar for Judgment debtor present He made a statement that his client is ready to pay decree holder in installment. He is directed to take appropriate steps on or before next date without fail.
    Decreed holder in person present
    He is directed to file appropriate consent terms.
    Matter stands adjourned to 15/01/2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Matter called out at 12.02 p.m.
    DH in person present.
    Adv. Vinayak Kumbhar for JDR No.1 and 2 present. He informed that they are ready to settle the matter. Hence, execution application is referred to the mediator.
    Parties are directed to remain present before the mediator. They should take note of it.
    In the event of failure to appear, cost will be imposed.
    It is further to note that in the event, matter is not settled before the mediator, the DH is directed to proceed further for the execution.
    Matter stands adjourned to 27.04.2022 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Lokegaonkar N. E. (Applicant) Plaintiff present.
    None for defendant.
    Matter stands adjourned to 09.06.2022 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: DH in person present.
    Mediation report a/w consent terms received as settled. TOR. Exh.4-colly.
    None present for JDR present.
    Matter stands adjourned to 05.07.2022 for compliance of consent terms
    arrived before mediation.
    Later on at 12.48 p.m.
    DH in person present.
    Adv. Vinayak Khumbar for JDR present.
    Already adjourned to 05.07.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: DH in person present.
    JDR in person present.
    Kept back.
    Later on called out at 12.02 p.m.
    DH in person present.
    JDR a/w Adv. Vinayak Khumbhar present.
    Copy of DD is attached to the consent terms Exh.04 and DH has endorsed the receipt of DD on the overleaf of consent terms.
    Demand Draft of requisite amount  Rs.1,66,226.70/- is handed over to the DH.
    DH is not willing to proceed to the execution proceeding as it is fully satisfied. Hence, EA no.98/2018 is disposed of in full satisfaction.
    Nature Of Disposal: OTHER
    Disposal Date: 05-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104212/2018
    Filing Date: 18-04-2018
    First Hearing Date: 26th April 2018
    Decision Date: 05th July 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    05 Jul 2022
    Order Details: Other
    Pdf Text: 05.07.2022
    Sr. No. 81
    E.A.98/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (COURT
    ROOM. 03)
    DH in person present.
    JDR in person present.
    Kept back.
    Later on called out at 12.02 p.m.
    DH in person present.
    JDR a/w Adv. Vinayak Khumbhar present.
    Copy of DD is attached to the consent terms Exh.04 and DH has endorsed
    the receipt of DD on the overleaf of consent terms.
    Demand Draft of requisite amount Rs.1,66,226.70/ is handed over to
    the DH.
    DH is not willing to proceed to the execution proceeding as it is fully
    satisfied. Hence, EA no.98/2018 is disposed of in full satisfaction.
    Judge
    -- 1 of 1 --
    Order 1
    05 Jul 2022
    Order Details: Other
    Pdf Text: 05.07.2022
    Sr. No. 81
    E.A.98/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (COURT
    ROOM. 03)
    DH in person present.
    JDR in person present.
    Kept back.
    Later on called out at 12.02 p.m.
    DH in person present.
    JDR a/w Adv. Vinayak Khumbhar present.
    Copy of DD is attached to the consent terms Exh.04 and DH has endorsed
    the receipt of DD on the overleaf of consent terms.
    Demand Draft of requisite amount Rs.1,66,226.70/ is handed over to
    the DH.
    DH is not willing to proceed to the execution proceeding as it is fully
    satisfied. Hence, EA no.98/2018 is disposed of in full satisfaction.
    Judge
    -- 1 of 1 --

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