Date: 19-06-2018
Business: Mr. Manoj N. Nikose, Advocate for Plaintiff, present. None for Defendant. Mr. Nikose prays for warrant of attachment u/o. XXI Rule 54 of C.P.C. without notice u/o. XXI Rule 22 as the Execution is within 2 years of the Decree. Issue warrant as prayed for, returnable on 19/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Taken on board, by way of praecipe. Parties and Advocate absent, adjd to 30/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: Mr. Manoj Nikose, Advocate for Plaintiff, present. Ms. Shilpa Kamble, Advocate for Defendant No.6, present. Matter is not on board, taken on board as mentioned by Mr. Nikose. Execution Application marked as Exh.A (colly.). Vakalatnama for Defendant No.6 of Sai Consultancy Services, Advocates, tendered by Ms. Kamble is t.o.r. and marked as Exh.B. Original warrant u/o.XXI Rule 54 alongwith service report endorsed thereon, tendered by Mr. Nikose is t.o.r and marked as Exh.C. Sheriff\''s report in respect of warrant of attachment u/o.XXI Rule 54 of CPC, bearing No.SCP-A 71047/1596/2018, dated 18/09/2018, tendered by Mr. Nikose is t.o.r. and marked as Exh.D. Mr. Nikose has tendered application dated 19/09/2018 praying therein to carry out the amendment in Execution proceedings and for issue of fresh warrant of attachment of the property of Defendant No.6, for the reasons mentioned in the application. Same is t.o.r. and marked as Exh.E, and upon hearing Mr. Nikose, the said application is allowed. Mr. Nikose undertakes to serve the amended proceedings and fresh warrant on Defendant No.6 and on his request for carrying out amendment and for issue of fresh warrant, adjd to 16/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Mr. Manoj Nikose, Advocate for Plaintiff, present. Ms. Shilpa Kamble, Advocate for Defendant No.6, present. Mr. Nikose has tendered fresh original warrant u/o.XXI Rule 54 of CPC alongwith service report endorsed thereon is t.o.r. and marked as Exh.F. Affidavit in reply dated 16/10/2018 tendered by Ms. Kamble is t.o.r. and marked as Exh.G., copy of reply served upon Advocate for the Plaintiff, across the Bar, by the Advocate for Defendant. Mr. Nikose seeks time to file re-joinder. Hence, by consent, adjd to 13/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 13-11-2018
Date: 13-11-2018
Business: Ms. Sneha Nalage, Advocate for Defendant No.6, present. None for Plaintiff. For re-joinder of Plaintiff, adjd to 29/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Ms.Meena Ghode, Advocate for Defendant No.6 present. Other parties and Advocates absent. For rejoinder of plaintiff adjourned to 19/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2019
Date: 19-01-2019
Date: 08-02-2019
Business: None for Plaintiff.
Adv. Sneha N. for Defendant no.6 present.
Matter is adjd. to 05/03/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: None for Plaintiff.
Adv. Sneha Nalge for Defendant no.6 present.
Matter is adjd. to 04/04/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv for deft No.6 Ms.Archana Sakpal present
Matter is Adjd for Hearing to 01/08/2019
Next Purpose: HEARING
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: None for DH.
Adv. Thakkar for JD.
Reply to NM filed by Adv. for JD. Copy be serve to other side.
Adjd for hearing of NM on 27/9/2019.
Next Purpose: HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: None present.
KB
LO At 12.27 p.m.
None for DH.
Adv. Archana Sapkal for JD present.
Adjd. to 15.10.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: PO is on leave
Next Purpose: HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Manoj Bhikose for DH present.
Adv. Archana Sakpal for JD present.
As a last chance adjd. on the request of adv. for JD, adjd. to 04.12.2019 for nm hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is on half-day leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Manoj nikose for plaintiff
Adv. Sneha for defendant
Adjd on behalf of defendant for NM Argumetns to 15-02-2020
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Manoj nikose for DH.
Adv. Shilpa kamble for JD.
Adjd for 03-03-2020
Next Purpose: NM ORDERS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Sneha Nalge for defendant No.6. In view of order in NM 3981 of 2018 in sum 857/16 the matter be placed on 20-04-2020
Adjd for awaiting compliance of NM 3981/18 to 20-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Bhasare for JD.
Adjd to 02-07-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present.
Matter is adjd. to 19/01/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 12-04-2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Advocate Mr. Manoj for DH present.
Advocate for JD present.
Matter is adjd. for taking steps to 27-07-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: AS court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Manoj N. Nikose DH present.
None for JD present.
K.B.
L.O. 4.13 P.M.
Adv. Manoj Nikose DH present.
None for JD.
Exh-2 application for transfer the Execution Proceeding T.O.R.
O-Call report from concern department
Matter Adjd for Order on 07/06/2023.
Next Purpose: ORDER
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: None present.
KB
L.O. At 3.45 PM.
Matter stands adjourned to order on 22-06-2023.
Next Purpose: ORDER
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Adv. Manoj Nikose present for D.H and tendered application contending that order passed in NM 3981/18 TOR.
None present for defendant.
Issue notice to the JD no. 6.
Matter stands adjourned compliance on 04-08-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Adv.Manoj Nikose for DH.
None present for JD.
The Decree Holder filed application attached with two properties for the Execution to the registrar, contending that the Motion took out by the Judgment Debtor No.6 was allowed subject to costs, but he did not comply the conditional order, hence, Execution proceeding is required to be proceed further, as it was being proceeded before Registrar, hence, original paper be sent to the Registrar for further action. The Execution stands removed from the board.
Matter stands adjourned for for compliance on 04-09-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Parties and Advocate absent.
Communication dated 09/08/2023, received from Manoj Nikose, advocate for plaintiff vide this office inward No. 9733 date 09/08/2023, t.o.r and marked as Exh.3.
As none appeared, matter adjourned 10/10/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Shri Manoj Nikose, Advocate for plaintiff present.
Shri Nikose seeks time to file affidavit of plaintiff annexing therewith the copies of documents showing that the properties under attachment belongs to defendant, in support of issue of warrant of sale and on his request matter adjourned to 09/11/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: As Court is on leave, board discharged and matter adjourned to 28/11/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Shri Manoj Nikose, Advocate for Plaintiff present.
Shri Nikose prays for issue of warrant of sale in respect of properties under attachment and in support of the same he has tendered affidavit of plaintiff t.o.r and marked as Exh.4.
Upon hearing Shri Nikose and upon perusing affidavit, issue warrant of sale as prayed for returnable on 19/01/2024, before the Court, as may be assigned.
It is made clear that warrant of sale be issued subject to tendering the copies of documents by the plaintiff showing that the properties under attachment belongs to defendant.
It is also made clear that the Warrant of sale in the matter has been made returnable before the Honourable Court, enabling the parties and executing authorities to obtain consequential orders post issuance of sale warrant.
Office to take necessary steps.
Parties and advocates to appear before the Court as may be assigned, on 19/01/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
Keep back
Later on at 2.45 pm
The decree holder and his advocate are absent.
Matter is adj to 22.02.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
Matter is adj to 25.04.2024 for Report.
Next Purpose: REPORT
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
Matter is adj to 28.06.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder and his advocate are absent.
The decree holder is given last chance to take the steps, as matter is old.
Matter is adj to 08.08.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Nikose for decree holder is present and filed application for production of documents along with list and documents. Taken on record. It is marked as Exh-5 and 6 respectively. O-Production is Allowed.
Judgment debtor and his advocate are absent.
Matter is adj to 10.09.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Court busy is busy in dictating order in Sum. Suit No.462/23, NM No. 3427/24 and 3428/24 and recording evidence in Suit 9342/99.
Matter is adj to 18.09.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Adv. Manoj Nikose for Decree holder is present
kept back.
Later on 3.10 pm
Both parties are directed to file valuation report of the property attached in the Execution.
Issue Notice to the Judgment debtor on court motion by RPAD.
Matter is adj to 21/10/2024 for filing Valuation report.
Next Purpose: REPORT
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Nikose for decree holder is present and filed an application for production of valuation report along with valuation report. Taken on record. It is marked as Exh-7.
Matter is adj to 26.11.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Nikose for decree holder is present. and filed an application for production of valuation report along with valuation report. Taken on record. It is marked as Exh-8. O-Production is allowed.
Matter is adj to 11.12.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Adv. Manoj Nikose for decree holder is present.
Judgment debtor and his advocate are absent.
Matter is adj to 03.01.2025 for Notice report.
Next Purpose: REPORT
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nikose for decree holder present and requested to issue notice on the address mentioned in Leave and License agreement dated 16.01.2018 filed on record vide list Exh-6. O-Issue notice to judgment debtor No.6 on address as mentioned in Leave and License at Exh-6.
Perused record. Notice was issued on Court Motion to judgment debtors on 18.09.2024 by RPAD. Notice issued to judgment debtor No. 1 on both address are returned with remark Door locked and left respectively, Notice issued to judgment debtors No.2 to 6 are returned with remark left. Those six Notices along with report of Post office are marked as Exh-9(colly).
Matter is adj to 05.02.2025 for report of notice.
Next Purpose: REPORT
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Nikose for decree holder is present and requested for adjournment. Adjournment is granted.
Matter is adj to 03.03.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Nikose for decree holder is present.
Adv. Darshan Zagade i/b L. H. Hingu and Co. for judgment debtor No.6 is present and filed Vakalatnama Taken on record. It is marked as Exh-10.
Matter is adj to 24.03.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Rajiv Hingu (VC) with Adv. Deepraj Shetye for Judgment debtor No.6 is present and filed draft Notice of Motion for recalling order dated 03.03.2025 along with affidavit in support. O-Leave is granted to register the draft Notice of Motion.
Matter is adj to 29.04.2025 for filing registered Notice of Motion and affidavit of service of it.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Chandrashekhar Bhujang Mada, decree holder No.2 is present.
Adv. Manoj Nikose for decree holder is present and filed withdrawal application. TOR and marked as Exh-11.
Adv. Chinmayee Ghag for Judgment debtor No.6 is present through video conferencing.
Keep back.
Later on at 1.30 pm
Adv. for judgment debtor No.6 is present and filed registered Notice of Motion No.2140/25 along with affidavit in support.
Order below Exh-1
Perused record. The decree holder has filed an application at Exh-11 for withdrawal of Execution proceeding No.114/18 in Sum. Suit. No.857/16. It is submitted on behalf of decree holder that decree is passed on 18.01.2017. He filed execution proceeding. Property as mentioned in paragraph No.3 of Exh-11 is attached by registry of this court. However, defendant No.6 took out Notice of motion No.3981/18 to set aside decree and judgment dated 18.01.2017. The said motion came to be allowed on 03.03.2019 and decree was set aside subject to payment of costs of Rs.5,000/- to plaintiff on or before 20.04.2020. However, defendant No.6 failed to comply the said order. Further, defendant No.6 took out Notice of motion No.2140/25 to recall order dated 03.03.2020 passed in notice of motion No.3981/18 and further, to seek extension of time to comply the said order. It is further submitted that till date decree is not enforced. Therefore, he does not want to proceed with matter. The decree holder ought to have taken steps, however, he does not want to proceed with matter. Hence, I proceed to pass following order-
Order
1.Application at Exh-11 is allowed.
2.Execution Application No.114/18 in Sum. Suit. No.857/16 is disposed of, as withdrawn.
3.Pending notice of motion No.2140/2025 is also disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-04-2025
