Final Order 1

Order Details: Other
Pdf Text: ..1.. EA 103/2018
MHCC010052922018 Presented on : 18/04/2018
Registered on : 18/04/2018
Decided on : 03/09/2025
Duration : 07 Y : 04 M : 16 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXECUTION APPLICATION NO.103 OF 2018
IN
SUMMARY SUIT NO.621 OF 2016
Jayshree A. Siroya )...Plaintiff
VERSUS
Mahendra B. Jain )...Defendant
Appearances :-
Ld. Adv. Rajesh Patil for applicant.
Ld. Adv. Sangita Rathod for defendant/judgment debtor.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 03/09/2025.
O R D E R
1) This execution application is taken out by plaintiff for execution
of decree passed in Summary Suit No.621 of 2016. Heard arguments.
2) Advocate for defendant/judgment debtor submitted that the
decree passed in Summary Suit No.621 of 2016 has been set aside and
suit has been restored. The decree is not in existence. Therefore,
execution application is not tenable.
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..2.. EA 103/2018
3) According to decreeholder submitted that at the time of filing of
execution, decree was in existence.
4) Present application has been filed for execution of money decree
passed in Summary Suit No.621 of 2016. Evidently, the decree has been
set aside and the suit has been restored. The Summary Suit No.621 of
2016 is listed on today’s board at Serial No.68. The decree for which
execution application has been filed is not in existence. Therefore, the
execution application is not maintainable at this stage. Plaintiff would
be at liberty to file the execution after the decision of Summary Suit
No.621 of 2016, if decree is passed in his favour. No need to keep the
execution application pending. Hence, I pass the following order :
ORDER
1. Execution Application No.103 of 2018 is hereby
disposed off as the original decree has been set aside.
2. The attachment warrant issued by the Court, if any
stand cancelled.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 03/09/2025.
Dictated and typed on : 03/09/2025.
Signed by HHJ on : 03/09/2025.
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..3.. EA 103/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer04/09/2025 05.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
03/09/2025
JUDGMENT / ORDER signed by
P.O. on
03/09/2025
JUDGMENT / ORDER uploaded on 04/09/2025
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