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EXECUTION APPLN

Nandkumar Dwarkanath RajpurkarVsNootan Nagar Premises Co-Op Hsg. Society Ltd.

CNR MHCC010057942018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th December 2021

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100122/2018
Registration Date
26 Apr 2018

Advocates

2

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: 15-06-2018
    Business: Smt. Harsha Y. Shah, Advocate for Plaintiff, present.  Smt. Shah prays for issue of Notice under order XXI Rule 22 of CPC. Hence issue Notice as prayed for returnable on 19/07/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Smt.Harsha Shah  I/b Yatin Y. Shah, Advocate for Plaintiff, present. Exe.Application marked as Exh.-A (colly).  Original Notice U/o.XXI, Rule 22 of CPC with service report endorsed thereon, tendered by Smt.Shah is t.o.r. and marked as Exh.-B. Smt.Shah prays for issue of Warrants U/o.XXI, Rule 43 and 54 of CPC, by making the Notice absolute, as the defendant though served neither appeared nor filed reply.  Allowed, however, presently issue warrant u/o.XXI Rule 43 only, returnable on 19/10/2018.  Later on Sachin Malgaonkar, Advocate for Defendant present and requested to hold the warrant till his reply to the notice.  He states that copy of Execution application is not served upon his client.  Advocate for Plaintiff undertakes to serve the same on Defendant\''s Advocate. Shri Malgaonkar undertakes to file Vakalatnama by next date.  Hence, warrant ordered to be issued is withheld until further orders.  On request of Smt.Shah, by consent matter preponed to 14/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: Ms. Priyanka Bagat I/b Harsha Y. Shah, Advocate for Plaintiff, present.  None for Defendant. Since, Court is on leave, board discharged and adjd to 15/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Ms. Priyanka Bagat I/b Yatin Y. Shah, Advocate for Plaintiff, present. None for Defendant.  In view of roznama dated 19/07/2018, adjd to 01/11/2018 and if no appearance is filed by the Defendant on next date, appropriate orders will be passed.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Ms. Harsha Y. Shah with Ms. Priyanka Bagat I/b Yatin Y. Shah, Advocate for Plaintiff, present.  Ms. Shah states that warrant ordered to be issued on 19/07/2018 have been withheld on the said date itself, as the Advocate for Defendant appeared on that date and undertakes to file Vakalatnama and reply.  However, since last two dates nobody is appearing for Defendant, the Order of issuance of warrant be made effective forthwith.  In view of this office to issue the warrant as ordered on 19/07/2018, returnable on 31/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Miss. Priyanka Bagat, Advocate for plaintiff present. On request of Ms. Bagat, returnable date of warrant is extended till 18/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Miss. Priyanka Bagat, advocate for plaintiff present. Ms. Bagat states that warrants of attachment u/o. XXI Rule 43 of CPC, has been issued in the matter and she also prays for issue of warrant of attachment, u/o.XXI Rule 54 of CPC, stating that unless the warrant u/o.XXI Rule 54 is issued, decree will not be satisfied. Application for issue of warrant u/o. XXI Rule 54 of CPC, tendered by Ms. Bagat, taken on record and marked as Exh.C. Ms. Bagat, also prays that returnable date of warrant of attachment u/o. XXI Rule 43 of CPC, be extended. Hence, issue warrant of attachment u/o. XXI Rule 54 of CPC, returnable on 03/04/2019 and returnable date of warrant of attachment u/o. XXI Rule 43 of CPC, is also extended till that date.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Ms. Priyanka Bagat, advocate for plaintiff present.  Ms. Bagat, has tendered the amendmend application, taken on record and marked as Exh.D. Upon perusing the application and upon hearing Ms.Bagat, amendment application is allowed. After amendment in exe.application, amended warrants be issued accordingly, returnable on 30/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Ms. Priya Bagat, Advocate for Plaintiff, present.  On request of Ms.  Bagat, time to carry out amendment is extended till 15/06/2019 and warrants after amendment are made returnable on 04/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Ms. Apoorva Pawar, advocate for the Plaintiff present. On request of Ms. Pawar, time to carry out the amendment is extended till 18/07/2019 and warrants after amendment are made returnable on 30/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Ms.Apoorva Pawar, advocate for the Plaintiff present. On request of Ms. Pawar, for further steps, adjd to 15/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Ms. Apurva Pawar Advocate for plaintiff present. On request of Ms. Pawar awaiting inventory adjd to 06/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Ms. Apoorva Pawar, advocate for the Plaintiff present.
    On request of Ms. Pawar, awaiting inventory, adjd to 13/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Parties and Advocate absent.
    As Court is on leave, board discharged and adjd to 18/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Ms. Apoorva Pawar, advocate for the plaintiff present.
    As Court is on leave, board discharged and adjd to 28/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Ms. Apoorva Pawar, advocate for the plaintiff present.
    Inventory bearing No.SMK/A-13849/1709/2019, dt. 02/12/2019, under this office inward No.13148, dt. 07/12/2019, t.o.r. and marked as Exh.E.
    Ms. Apurva has also tendered original warrant of attachment u/o. XXI Rule 54 of CPC along with Execution report endorsed thereon, t.o.r. and marked as Exh.F.
    On request of Ms. Pawar, for taking further steps, adjd to 05/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Ms. Apoorva Pawar, advocate for the plaintiff present.
    On request of Ms. Pawar, for taking steps, adjd to 26/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    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: Ms. Apurva Pawar advocate for plaintiff present.
    As court is on leave, Board discharged, matter adjourned to   24/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Ms. Apurva Pawar Advocate for plaintiff present.
    On request of Ms. Pawar, matter adjourned to 15/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Today being declared holiday, adjourned to 29/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 01/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Ms. Apurva Pawar Advocate for plaintiff present.
    On request of Ms. Pawar for taking steps matter adjourned to 20/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Ms.Harsha Shah, Advocate for Plaintiff present.
    On request of Ms.Shah, for taking further steps, adjourned to 28/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Parties and Advocate absent matter adjourned to 29/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: As Court is on leave, board discharged and matter adjourned to 10/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Ms. Kajal Gupta, advocate for plaintiff present.
    Ms. Gupta, tendered application for withdrawal of exe.application t.o.r and marked as Exh.G.
    Ms. Gupta states that matter is settled out of court and therefor the plaintiff be permitted to withdraw the present exe.application.
    In view of the said application, exe.application allowed to be withdrawn, warrants of attachment issued in the matter are here by raized and exe.application stands disposed off accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 10-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102567/2018
    Filing Date: 26-04-2018
    First Hearing Date: 15th June 2018
    Decision Date: 10th December 2021
    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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