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EXECUTION APPLN

Shashikant Tatyaba ChavanVsArjun Ravaji Hadawale

CNR MHCC0100590020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 10th July 2025

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100138/2018
Registration Date
02 May 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. Balbheem Patil, Advocate of Plaintiff Present. Shri. Patil prays for issue of Notice under order XXI Rule 22 of CPC. 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. Balbheem Patil, Advocate for Plaintiff, present.  Original Notice u/o. XXI Rule 22 with service report endorsed thereon, tendered by Shri Patil is t.o.r. and marked as Exh.2.  Mr. Patil states that Defendant though served neither appeared nor filed reply, and hence notice be made absolute and prays that warrant u/o. XXI Rule 43 be issued.  Upon perusing service report, notice is hereby made absolute and warrant u/o. XXI rule 43 be issued, returnable on 24/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Shri B. S. Patil, Advocate for Plaintiff present.  On request of Shri Patil, adjd to 21/12/2018, for return of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Shri Balbhim Patil, Advocate for plaintiff present.  On request of Shri Patil, awaiting inventory, adjourned to 12/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Parties and Advocate absent, adjd to  12/03/2019. Inventory bearing no. KKN/A-61606/143/2019, dt. 14/01/2019, under this office inward no. 984,dt. 24/01/2019, taken on record and marked as Exh. 03.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Parties and Advocate absent, adjd to  18/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Shri B.S.Patil, Advocate for Plaintiff present. On request of Shri. Patil, for taking further steps, for issuance of warrant of sale, adjd to 07/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Shri Shashikant Chavan, Decree Holder, present.  His Advocate absent. On request of Shri Chavan for taking further steps adjd to 29/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Shri. Shashikant Chavan, plaintiff present. His advocate absent. On request of Shri. Chavan, adjd to 10/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Parties and Advocate absent,  As Court is on leave, board discharged and adjd to 29/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Shri. B.S. Patil, advocate for the Plaintiff present.  Shri. Patil has tendered original warrant u/o.XXI Rule 43 and 54 of CPC, alongwith service report endorsed thereon, taken on record and marked as Exh. 4 and 5 respectively. On request of Shri. Patil, for further steps, adjd to30/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Shri. B.S. Patil advocate for the Plaintiff present. Shri. Patil prays for issue of warrant of sale and has tendered affidavit in support of the same, taken on record and marked as Ex.-6. Upon perusing the affidavit and upon hearing Shri. Patil, issue warrant of sale,returnable on 30/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Shri B.S. Patil Advocate for plaintiff present.
    Matter is taken on board by way of praecipe marked as Exh-7
    Shri Patil prays for issue of notice u/o XXI Rule 37 of CPC and has tendered application to that effect t.o.r., and marked as Exh-8.
    Upon hearing Shri Patil the application (Exh-8) is allowed.
    Issue notice as prayed for returnable on 30/04/2020, before the Honourable Court as per assignment.
    Matter be send to execution department for assignment of matter to Honourable Court and for issue of Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Business: No R and P.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: No Record and Proceeding.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: Parties and advocates are absent.matter adjourned to 18/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: This matter is received on transfer today from the Registrar (Civil).
    None appeared.
    Matter be kept for directions on 14.06.2021.
    Adjd for directions on 14.06.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Matter called out at 03.26 p.m.
    None present.
    Matter stands adjourned to 30.09.2021 for Directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Matter called out at 3.22 p.m.
    Plaintiff in person present.
    Matter stands adjourned to 18.10.2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 18.10.2021. Hence, Matter adj. to next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Matter called out at 12.09 p.m.
    Adv. Balbheem Patil for DH present.
    Heard Ld. Advocate for DH.
    He filed present application for issuance of show cause notice under Order 21 Rule 37 of CPC.  It is further informed that the property which DH intended to attach belongs to his father.   Therefore, in the aforesaid circumstances, application is allowed.
    Issue show cause notice through bailiff to the JDR as to why he should not be committed to the Civil Prison.
    Matter stands adjourned to 29.01.2022 for appearance of the JDR/
    report.
    Next Purpose: REPORT
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Matter called out at 11.24 a.m.
    DH in person present.
    Adv. Balbheem Patil for DH present. He tendered original show cause notice issued to the JDR.  Although notices are served upon the JDR but, none present. In order to grant one more opportunity.
    Matter stands adjourned to 28.02.2022 for appearance of JDR.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Matter called out at 12.59 p.m.
    DH through his Adv. Balbheem Patil present.
    None present for JDR.
    In spite of service of show cause notice, the JDR is absent.
    Hence, issue bailable warrant of Rs.1,000/-.
    Matter stands adjourned to 22.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: DH in person present.
    None present for JD.
    Kept back.
    Later on mentioned at 4.30 p.m.
    DH a/w Adv. Balbheem Patel present.
    Matter stands adjourned to 29.08.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: DH in person present. His advocate absent.
    None present for JD.
    DH tendered application for re-issuance of warrant. TOR. Exh.09.
    O-Re-issue warrant as per order on roznama dated 28.02.2022.
    Matter stands adjourned to 03.11.2022 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: NOBTOB, moved by praecipe.
    DH in person present. He tendered application through praecipe for directing PLA section to accept dieting charges of the JD and same to be sent over to Civil Prison Byculla, Mumbai. TOR. Exh.10.
    O-granted.
    Concerned to act on authenticated copy.
    Matter already stands adjourned to 03.11.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: DH a/w Adv. Balbheem Patil present.
    JD in person present.
    Bailiff Report. TOR. Exh.11.
    JD is seeking time to pay the amount mentioned in the decree and to pay the same in installments. He is given understanding that if he fails to pay the amount, he has to suffer and warrant under Order 21 Rule 38 of CPC will be issued.
    Matter stands adjourned to 05.01.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: None present.
    KB
    Later on at 11.30 a.m.
    Adv. Balbhim Patil for Decree holder present.
    Judgment Debtor in person present. He showed his inability to pay the amount under the execution, hence, seeking time.
    K.B.
    Later on at 12.43 p.m.
    Adv. Balbhim Patil for Decree holder present. He tendered application for issuance of bailable warrant against Judgment Debtor. TOR. Exh.12.
    Judgment Debtor absent.
    On last date also Judgment Debtor was given an understanding to pay the amount, but he failed. It seems that he has no property to satisfy the decree. Therefore, the submission of Decree holder appears to be correct that the Judgment Debtor has no movable or immovable property. Consequently, there is no option left but to issue Warrant under Order 21 Rule 38 of CPC. Hence, I pass the following order.
    ORDER
    1.  Issue warrant under Order 21 Rule 38 of CPC against Judgment Debtor upon payment of subsistence allowance for 30 days.
    2. The Sheriff is directed to arrest the judgment debtor and to produce before the Court on a working day.
    Matter stands adjourned on 02.02.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: DH and JD in person present.
    K.B.
    Later on at 12.58 p.m.
    DH a/w Adv. Patil present.
    JD in person present.
    DH is seeking extension of order of arrest warrant dated 05.01.2023, extension granted.
    Matter stands adjourned on 27.03.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: None present.
    K.B.
    Later on at 11.28 p.m.
    DH a/w Adv. Balbheem Patil present. He is seeking time and extension of order of arrest warrant dated 05.01.2023.
    O- Extension granted.
    Matter stands adjourned on 29.04.2023 for compliance.
    Later on at 11.44 a.m.
    DH present, he is seeking change of date. On request the
    Matter stands adjourned on 15.06.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: D/h in person present and seeks time. Time granted. On his request matter is adjourned.
    None for J/D.
    Matter stands adjourned on 21-08-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: D/H in person present and sought time. O- time granted.
    J/D in person present.
    Matter is referred to Lokadalat.
    Matter stands adjourned on 09-09-2023 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: NATIONAL LOK ADALAT HELD ON 09/09/2023 (PANEL-XII)
    Matter pertains to CR No.3
    Plaintiff is present.
    None present for defendant.
    Matter is not settled.
    Case is adjourned to 30/11/2023.
                Panel Head                                                   Panel Member
       HHJ SHRI. V. D. KEDAR                      PROF. DR. SHIVANI SHELAR
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: Advocate Balbheem Patil present a/w D/h.
    None present for J/d.
    Reissue arrest warrant dtd. 01.08.2023.
    Matter stands adjourned on 03-02-2024 for report.
    Next Purpose: REPORT
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Court is on leave
    Next Purpose: REPORT
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: Adv. Balbheem Patil along with D/H present.
    J/D is present.
    Exh.13 settlement Pursis filed by both side. Taken On Record. O - Seen.
    In view of settlement Exh. 13 warrant is stayed till further order.
    Matter stands adjourned on 30-04-2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: D/H absent.
    J/D present.
    Matter stands adjourned on 08-07-2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: Court is on Leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: D/H is present.
    J/D is present.
    Matter stands adjourned on 30-11-2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: D/H in person present.
    J/D in person present.
    Matter stands adjourned on 15-03-2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    DH present.
    None present for JD.
    Matter stands adjourned on 26.06.2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-06-2025
    
    Date: 26-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for defendant present.
    Decree holder present in person. He seeks time. Very last chance is granted to take proper steps.
    Matter stands adjourned to 10.07.2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-07-2025
    
    Date: 10-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    D/H in person present and request to kept back matter till 12.30 p.m.
    None for defendant present.
    Kept back. Later on. Advocate Balbheem Patil alongiwht D/H present and filed joint pursis at Exh.14. Both admit contents of Exh.14. Taken on record. Accordingly, Execution Application stands disposed of.
    J/D in person present.
    Nature Of Disposal: OTHER
    Disposal Date: 10-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103644/2018
    Filing Date: 02-05-2018
    First Hearing Date: 05th May 2018
    Decision Date: 10th July 2025
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jul 2025
    Order Details: Other
    Pdf Text: 1 C.R. No.03
    10.07.2025
    Sr. No. 5
    EA 138/18
    SUMMARY
    SUIT 551/16
    Exh.14.
    CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    D/H in person present and request to kept back matter till 12.30
    p.m.
    None for defendant present.
    Kept back. Later on. Advocate Balbheem Patil alongiwht D/H
    present and filed joint pursis at Exh.14. Both admit contents of
    Exh.14. Taken on record. Accordingly, Execution Application stands
    disposed of.
    J/D in person present.
    Judge
    -- 1 of 1 --
    Order 1
    10 Jul 2025
    Order Details: Other
    Pdf Text: 1 C.R. No.03
    10.07.2025
    Sr. No. 5
    EA 138/18
    SUMMARY
    SUIT 551/16
    Exh.14.
    CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    D/H in person present and request to kept back matter till 12.30
    p.m.
    None for defendant present.
    Kept back. Later on. Advocate Balbheem Patil alongiwht D/H
    present and filed joint pursis at Exh.14. Both admit contents of
    Exh.14. Taken on record. Accordingly, Execution Application stands
    disposed of.
    J/D in person present.
    Judge
    -- 1 of 1 --

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