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EXECUTION APPLN

Mr. Ashok Saibu GadgeVsMr. Balu Nivruti Bhandare

CNR MHCC010058662019966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 22nd August 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100187/2019
Registration Date
11 Jun 2019

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: 21-06-2019
    Business: Shri. B.S. Patil, Advocate for Plaintiff present. On request of Shri. Patil, for taking further steps, adjd to 28/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Shri B.S.Patil, Advocate for Plaintiff present.  Shri Patil prays for issue of Warrants u/o.XXI, Rule 46 and 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrants as prayed for, returnable on 02/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Shri B. S. Patil, Advocate for Plaintiff, present.  Execution Application marked as Exh.A colly.  Matter is t.o.b. by way of praecipe, marked as Exh.B.  Original warrants u/o.XXI Rule 46 and 48 alongwith service reports endorsed thereon, tendered by Shri Patil, are t.o.r. and marked as Exh.C and D respectively.  Shri Patil states that the Garnishee of Defendant is not complying with the warrants issued in the matter and has, therefore, filed an application (Exh.E), for issuing notice to Defendant\''s Employer.  In view of this issue notice against the Employer of Defendant to show cause as to why Garnishee notice should not be issued in the matter, returnable on 31/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Shri. B.S. Patil advocate for the Plaintiff present. Shri. Patil, has tendered original show cause notice issued against Garnishee of the defendant, endorsing thereon Sheriff Report in respect of service of notice, taken on record and marked as Exh.-F. A none appeared for Garnishee on request of Shri. Patil, for taking further steps, adjd to 04/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Parties and Advocate absent,  adjd to 03/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Shri. B.S. Patil advocate for the Plaintiff present. Plaintiff present. Matter is taken on board by way of Praceipe, marked as Exh-G. Shri. Patil prays for issue of Garnishee Notice as the Garnishee of the defendant has not responded to the show cause notice, though served. Shri. Patil has tendered affidavit of the Decree Holder in support of issue of Garnishee Notice, taken on record and marked as Exh-H. Hence, issue notice Garnishee Notice as prayed for, returnable on 03/10/2019, before the Honourable Court as per assignment of the matter. Matter be sent to Execution Department for assignment of the matter and for issue of Garnishee Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. B.S. Patil for DH present.
    Original writ of notice filed by adv. for DH. t.o.r
    Garnishee notice served.
    None present for Garnishee.
    KB for order.
    LO
    O- Garnishee notice made absolute. Recovery to initiate as per provisions of law. R and P be sent to court of Registrar for further proceedings.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: No R and P.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: R and P received from C.R.No.28, place on board on 11/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Shri. B.S. Patil, advocate for plaintiff present.
    In pursuance of order dt.03/10/2019, passed by the Honourable Court No.28, making the Garnishee Notice absolute, Shri. Patil prays for issue of warrant of attachment u/o.XXI Rule 43 of CPC, against the Garnishee of the defendant.
    Hence, upon perusing the order dt.03/10/2019 passed by the Honourable Court No.28, issue warrant of attachment as prayed for, returnable on 10/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Shri. B. S. Patil, advocate for the plaintiff present.
    Matter is taken on board by way of praecipe, marked as Exh-I.
    Shri. Patil has tendered original warrant u/o.XXI Rule 43 of CPC, issued against garnishee, stating that the address of the garnishee mentioned in the said warrant is incorrect, t.o.r. and marked as Exh-J.
    Shri. Patil therefore, prays for issue of fresh warrant with correct address of the garnishee. Allowed,  issue fresh warrant, returnable on 10/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: Today being Holiday, matter will be taken up on board 11/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Matter was posted to 10/03/2020 and as it was being Holiday, taken up on board today.
    Parties and advocates absent, adjd to 07/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Parties and advocate are absent adjourned to 23/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Parties and advocate are absent adjourned to 23/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 23/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 27/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Shri B.S. Patil advocate for plaintiff present.
    On request of Shri Patil, for taking further steps, adjourned to 01/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Shri B.S. Patil, Advocate for Plaintiff present.
    On request of Shri Patil for submitting inventory adjourned to 04/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Shri B.S. Patil advocate for plaintiff present.
    On request of Shri Patil matter adjourned to 20/10/2021, awaiting inventory.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Parties and Advocate absent matter adjourned to 04/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Parties and advocate absent adjourned to 25/01/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: In view of Office Order No.07 of 2022, matter adjourned to  07/03/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Shri B.S.Patil, advocate for plaintiff present.
    On request of Shri Patil, awaiting inventory, mater adjourned to 11/04/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Shri Balbheem Patil, Advocate for plaintiff present.
    Original warrant U/o.XXI, Rule 43 of CPC issued against property of garnishee, with execution/service report thereof of the Bailiff pasted thereon, tendered by Shri Patil, t.o.r. marked as Exh-K.
    Sheriff certificate bearing No.VNT/282/2022 dated 30/11/2021 with bailiff report in respect of execution of warrant U/o.XXI, Rule 43 of CPC issued against property of garnishee, received in this office vide Inward No.3288 dated 17/03/2022, t.o.r. marked as Exh-L (Colly).
    Letter dated 05/03/2022 from the employer of defendant, received in this office vide Inward No.3344 dated 16/03/2020, t.o.r. marked as Exh-M and filed.
    On request of Shri Patil, for taking further steps of issue of warrant of sale of properties of garnishee under attachment, adjourned to 18/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Parties and advocate absent adjourned to 07/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Parties and advocate absent adjourned to 11/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Parties and advocate absent adjourned to 04/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Shri B.S.Patil, Advocate for plaintiff present.
    Shri Patil seeks adjournment for taking steps for issue of warrant of sale.
    Despite granting adjournments no steps have been so far, hence, adjourned by way of last chance for taking steps, to 22/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Shri B.S. Patil, advocate for plaintiff present.
    Shri Patil, prays for issue of warrant of sale in respect of properties under attachment and in support thereof he has tendered affidavit of plaintiff t.o.r and marked as Exh.N.
    Upon perusing affidavit and upon hearing Shri Patil, issue warrant of sale, as prayed for, which shall remain alive till completion of sale proceedings.
    Exe.Application stands disposed of in above terms.
    Nature Of Disposal: ALLOWED
    Disposal Date: 22-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106039/2019
    Filing Date: 11-06-2019
    First Hearing Date: 21st June 2019
    Decision Date: 22nd August 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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