Messrs Maharashtra Plastic IndustriesVsMr. Pravin Bhersingh Thapa and Anr.

Date: 11-06-2018
Business: Mrs. Kavita A. Shah, Advocate for Plaintiff, present.  Notice u/o. XXI Rule 22 of CPC has already been ordered to be issued by the Hon\''ble Court.  Hence, on request of Mrs. Shah for completing service adjd to 06/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2018

Date: 06-07-2018
Business: Smt.Kavita Shah, Advocate for Plaintiff present.  None for Defendant.  Exe.Application marked as Exh-A (colly).  Affidavit of service Dtd.04/07/2018, tendered by Smt.Shah, taken on record and marked as Exh-B.  Defendant No.1B though served, neither appeared nor filed reply.  Hence, notice under order XXI, Rule 22 of CPC issued against Defendant No.1B is hereby made absolute.  On request of Smt.Shah, for making an application for issue of writ of possession, adjd to 24/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 24-07-2018

Date: 24-07-2018
Business: Ms. Kavita Shah, Advocate for Plaintiff, present.  Ms. Shah files application for issuance of warrant of possession u/o.XXI Rule 35 of C.P.C., same is t.o.r. and marked as Exh.C.  Ms. Shah states that Decree sought to be executed is Consent Decree, and hence, Registrar may issue warrant as prayed for.  Upon perusing the application (Exh.C), same is allowed and warrant made returnable on 25/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: Ms.Pushpa Thapa, Advocate for Plaintiff present. Amendment, adjourned to 21/11/2018.  Chamber Order for amendment in Exe.Application and consequential amendment in Writ of possession and for extending the returnable date of Writ of Possession, tendered by Ms.Thapa alongwith the Affidavit is Support of the Chamber Order, taken on record and marked as Exh-D (Colly).  Additional Affidavit in Support of Exe.Application tendered by Ms.Thapa is also taken on record and marked as Exh-E.  Upon perusing the affidavits, Chamber Order is hereby signed, Exe.Application be amended and consequential amendment be carried out in Writ of possession, by extending the returnable date of Writ of Possession to 21/11/2018.  S.O. to 21/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Ms. Pushpa Thapa I/b Kavita A. Shah, Advocate for Plaintiff, present. Ms. Thapa states that warrant of possession could not be executed as the Pravin Bhersingh Thapa and his wife refused to vacate the premises.  Ms. Thapa undertakes to file appropriate affidavit to that effect and seeks time for making an application for taking forcible possession.  Hence, on her request adjd to 05/12/2018.  Later on, Mr. Ramesh Chaudhary, son-in-law of Defendant No.1A, Ms. Meena Bhersingh Thapa, daughter of Defendant No.1A, and Mr. Pravin Thapa, Defendant No.1B, are present.  They are informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2018

Date: 05-12-2018

Date: 13-12-2018
Business: Adv. Ms. Kavita Shah for DH present and filed draft chamber summons along with affidavit. She undertakes to serve the defendants. O- Leave granted to register chamber summons.
None for JD.
Matter adj. for CS Reply to 13.02.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Adv. Ms. Kavita Shah for DH present and filed two affidavit of service in CS no. 22/2019.
Adv. Sanjay for JD present and states that Adv. Shukla is not available.  Defendant has not filed VP. Time granted as a last chance. to take steps and file reply.
Matter adj. for Compliance to 27.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Ms. Kavita Shah for plaintiff present.
Defendant in person present. His advocate absent.
Heard Ld. Counsel for plaintiff in CS No. 22/2019
Matter adj. for Order in CS No. 22/2019 to 28.02.2019.
Next Purpose: ORDER
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Adv. Ms. Kavita Shah for plaintiff present.
None for defendant.
Heard Ld. Counsel for plaintiff in CS  no.22/2019.
This matter was listed yesterday for hearing in CS no.22/2019. The original defendant / JD entered his appearance through Adv. Shukla. However, VP was not filed and on 13.2.2019 time was granted as a last chance to the defendant to take steps and to file reply. Writ of possession was issued by Registrar on 3.9.2018. When the bailiff went to the suit site to execute the warrant of possession, the D-1(b) Pravin Thapa was present with his wife and children. But he refused to hand over the possession. This execution arises out of the consent terms dated 16.6.2003 filed in Suit no. 2495/1986. By the said consent terms, D-1(a) and D-1(b) were permitted to continue with the possession of suit premises during the life time of D-1(a). She expired on 12.10.2017. However, despite her death, D-1(b) has not  handed over the possession of suit premises to plaintiff.
Yesterday, D-1(b) was present in person and he neither sought time nor made any submission. Hence the matter kept today for order in the presence of D-1(b). Today D-1(b) - Pravin Thapa is absent. None appears on his behalf.  In the facts and circumstances and in view of the consent terms, chamber summons no.22/2019 is made absolute in terms of prayer clause (a) at the cost of original plaintiff.  Place the matter for Compliance and Report to 25.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: None for DH.
None for JD.
Await report.
Matter adj. for Compliance and Report to 17.06.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Kavita Shah for Decree Holder present.
None present of JD.
The Ld. counsel for DH submitted that CS no. 22/19 was allowed and DH was permitted to take forcible possession. However orders passed in CS could not be executed during summer vacation, now it is rainy season she prayed for extension of time for execution as per order of CS no. 22/19. Time extended.
Matter stands Adj for Compliance to 18.10.19.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv. Kavita Shah for plaintiff/ DH present.
None present for the defendant/JD.
Heard Ld. Counsel for the DH.
She submitted that due to rainy season case could not be taken for execution of possession warrant with police aid.
Hence, she prayed for grant of extension of 12 weeks time to get the warrant executed.
Extension granted as prayed.
Matter stands adj for Return of warrant to 10.01.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Pushpa Thapa for DH present and submitted true copy of report of execution and possession warrant issued by this court, including receipt of possession by the CA of plaintiff/DH.
True copy of report of execution and possession warrant issued by this court. Seen and filed.
None present for JD present.
Heard Ld. counsel for DH/plaintiff. She submitted that now nothing remains in execution proceedings, as possession as prayed is taken by the plaintiff as per report of execution of possession warrant.
In view of the above, the Execution application is disposed of as fully satisfied.
Later on
Daughter of defendant no. 1(a) present.
Defendant no. 1 (b) present in person.
The defendants submitted that due to the execution of possession warrant, they have become homeless. They are advised to take legal assistance from their advocate.
Nature Of Disposal: OTHER
Disposal Date: 10-01-2020

CHAMBER SUMMONS/100022/2019

Registration Number: 100145/2018
Transfer Date: 11-12-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 100256/2018
Filing Date: 04-05-2018
First Hearing Date: 11th June 2018
Decision Date: 10th January 2020
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE