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EXECUTION APPLN

Akshar Dham C.H.S. Ltd, and othersVsM/s Vipul Veena Enterprises, and Otr.

CNR MHCC010057632018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st December 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100124/2018
Registration Date
26 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 NOTICE

    Case History / Proceedings

    Case History
    Date: 05-05-2018
    Business: Mr. S. Venkateshwar, Advocate of Plaintiff Present.  Shri Venkateshwar prays for issue of notice under order XXI, Rule 34 of CPC with draft Conveyance Deed.  Hence, issue notice as prayed for returnable on 22/06/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-06-2018
    
    Date: 22-06-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Shri Venkateshwar fairly points out that since the Decree sought to be executed is beyond 2 years, notice u/o. XXI Rule 22 of C.P.C. is required to be issued, before issuance of notice u/o. XXI Rule 34 of C.P.C.  Hence, issue notice u/o. XXI Rule 22 of C.P.C., returnable on 27/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-07-2018
    
    Date: 27-07-2018
    Business: Plaintiff present.  His Advocate absent.  Mr. Bansilal Damor, Advocate for Defendant Nos.1, 3 and 5. Execution Application marked as Exh.A (colly.).  Mr. Damor undertakes to file Vakalatnama for Defendant Nos.1, 3 and 5.  Affidavit of service dated 24/07/2018, proving service against Defendant Nos.1, 3 and 5, tendered by Plaintiff is t.o.r. and marked as Exh.B. For reply of Defendants, adjd to 28/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Mr. Bansilal Damor, Advocate for Defendant Nos.1, 3 and 5.  Mr. Ashwin S. Modha, representative of Plaintiff present.  Mr. Damor tendered Vakalatnama for Defendant Nos.1, 3 and 5, same is t.o.r. and marked as Exh.C.  Affidavit of Defendant dated 24/07/2018, tendered by Mr. Damor is t.o.r. and marked as Exh.D.  Mr. Damor waives notice u/o.XXI Rule 34 of C.P.C. and states that Plaintiff and Defendants are ready to register Deed of Conveyance out of the Court.  Mr. Venkateshwar submits that Plaintiff will bear the stamp duty, registration charges and other consequential charges.  In view of this development, parties are at liberty to register Deed of Conveyance at their own.  By consent of both the parties, for compliance, adjd to 15/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Mr. Venkateshwar states that Defendant on account of his old age is unable to attend office of Sub-Registrar, and therefore, prays that the Registrar of this Court should register the Deed of Conveyance on behalf of Defendant, by settling the draft of Deed of Conveyance.  Hence, on request of Mr. Venkateshwar, for settlement of draft, Adjd to 26/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Mr. Bansilal Damor, Advocate for Defendant Nos.1, 3 and 5.  Mr. Venkateshwar seeks time for settling the draft of Deed of Conveyance.  Hence, on his request adjd to 23/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Mr. Bansilal Damor, Advocate for Defendant Nos.1, 3 and 5.  For finalisation of draft of Deed of Conveyance, adjd to 15/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Mr. S. Venkateshwar, Advocate for plaintiff, present.  Affidavit of Defendant dated 30/10/2018, tendered by Mr. Venkateshwar, t.o.r. and marked as Exh.E.  On request of Mr. Venkateshwar for finalisation of draft of Deed of Conveyance, adjd to 27/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Mr. Bansilal Damor, Advocate for Defendant Nos.1, 3 and 5.  None for Plaintiff.  On request of Mr. Damor, adjd to 04/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Shri S. Venkateshwar, Advocate for Plaintiff present.  On request of Shri Venkateshwar, for submitting final draft with annexures, adjourned to 17/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Mr. S. Venkateshwar, Advocate for Plaintiff, present.  On request of Mr. Venkateshwar, adjd to 05/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Shri. S. Venkateshwar, advocate for plaintiff present. On request of Shri. Venkateshwar for finalising draft of conveyance deed, adjourned to 14/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Shri. Venakateshwar, advocate for plaintiff present. On request of Shri. Venkateshwar, for finalising the draft of conveyance deed adjourned to 07/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Parties and Advocate absent, adjd to  08/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Shri. Venkateshwar, advocate for plaintiff present. On request of Shri. Venkateshwar, adjourned to 25/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Shri. Venkateshwar, advocate for plaintiff present.  None for Defendant.  On request of Advocate for Plaintiff, for settlement of draft, adjd to 10/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Shri. S.Venkateshwar, advocate for plaintiff present. On request of Shri.Venkateshwar, for finalisation of draft deed of conveyance, adjd to 02/05/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Shri. Vayankateshwar, advocate for the Plaintiff present. On request of Shri. Vayankateshwar, adjd to 03/05/2019, for finalising draft of conveyance.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Shri. Venkateshwar, advocate for the plaintiff, present. On request of Shri. Venkateshwar, for finalising draft of convenyance, adjdj to 12/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Parties and Advocate absent, adjd to  17/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Shri. S. Venkateshwar, advocate for the Plaintiff present. On request of Shri. Venkateshwar, for taking further steps, adjd to 24/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    
    Date: 20-08-2019
    Business: Shri. Venkateshwar, advocate for the Plaintiff present. On request of Shri. Venkateshwar, adjd to 20/09/2019, for necessary compliance in respect of draft deed of conveyance.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Parties and Advocate absent. As Court is on leave, board discharged and adjd to 26/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Shri. Venkateshwar, advocate for the Plaintiff present. Shri. Vemkateshwar has tendered application dt.26/09/2019 for forwarding the deed of conveyance to the Collector of Stamp Mumbai, Old Custom House, Fort, Mumbai-01, for adjudication of Stamp Duty and has annexed the consent letter dt.23/07/2019, of the defendant in the said application. The application dt.26/09/2019, taken on record and marked as Exh-F(Colly). The Deed of Conveyance be sent for adjudication of stamp duty as prayed for, with request to the Stamp Office to return the Deed of Conveyance after adjudication to this Office on or before 22/10/2019. Matter adjd to 22/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Parties and Advocate absent,  adjd to 28/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Parties and Advocate absent,  adjd to 29/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Parties and Advocate absent,  adjd to 04/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Parties and Advocate absent,
    Copy of letter dated 17/01/2020 bearing No.531/2020 originally addressed to Akshar Dham CHS Ltd., by the office of  Stamp Collector Kurla, Mumbai under this Marathi inward No.364 date 05/02/2020 t.o.r., and marked as Exh-G.
    Awaiting compliance matter adjd to 03/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Parties and advocate are absent.
    As court is on leave, Board discharged, matter adjourned to 12/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Parties and advocate are absent adjourned to 18/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Parties and advocate are absent.
    As court is on leave, board discharged and matter adjourned to 22/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 09/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Parties and Advocate absent matter adjourned to 09/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Parties and advocate absent adjourned to 04/01/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Parties and advocate absent adjourned to 24/02/2022, for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Shri S. Venkateshear, advocate for plaintiff present.
    On request of Shri Venkateshear, matter adjourned to 15/03/2022 awaiting compliance of adjudication.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Shri Venkateshwar, Advocate for plaintiff present.
    On request of Shri Venkateshwar, awaiting compliance of adjudication, adjourned to 08/04/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Parties and advocate absent adjourned to 28/06/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Parties and advocate absent adjourned to 22/07/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As court is on leave, board discharged and adjourned to 23/08/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Parties and advocate absent adjourned to 22/09/2022, by way of last chance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 04/11/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: As Court is on leave, board discharged and matter adjourned to 23/11/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Parties and advocate absent adjourned to 21/12/2022, for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Parties advocates absent.
    Though the matter is kept for dismissal none appeared today also and hence, execution application stands disposed of as dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 21-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105610/2018
    Filing Date: 26-04-2018
    First Hearing Date: 05th May 2018
    Decision Date: 21st December 2022
    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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