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EXECUTION APPLN

Ram Shankar GuptaVsThe Maharashtra Housing and Area Development Authority and anr.

CNR MHCC01006776201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 23rd August 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100227/2019
Registration Date
04 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ram Shankar Gupta

    Respondent

    1. 1The Maharashtra Housing and Area Development Authority and anr.

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 15-07-2019
Business: Parties and Advocate absent,  adjd to 25/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Parties and Advocate absent,  adjd to 02/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Parties and Advocate absent,  adjd to 09/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Ms. Saylee Apte, advocate for the Defendant present. None for the Plaintiff. Ms. Apte states that, she has appeared observing on the website about listing of the present matter before this court and state that Notice of Motion No.2159/2019 is pending in Court No.20 and same is presently adjd to 18/09/2019. Ms. Apte, therefore, prays that present exe.application be referred to Court No.20. Hence, on request of Ms. Apte, exe.application is hereby submitted to Court No. 20 on 18/09/2019. Office to take steps to assign the matter to Court No.20. Parties and advocates to appear before the Court No. 20 on 18/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Pangle for DH present.
Adv. Sayali Apte for JD/applicant present.
Ld. counsel for DH filed reply to NM. TOR. Copy is given to otherside.
Matter adjd for NM hearing on 05/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: H.H.J. is on training
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Maniyar for plaintiff present.
Adv. Sayali Apte for deft present.
On the request of Ld. Advocate of deft matter is adjourned NM Hearing.
Matter adjd for NM Hearing on 26/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Mangle for plaintiff present.
Adv. Lad for defendant present.
Heard both sides.
Ld Adv for defendant relied upon Judgment of the Hon''ble Supreme Court, dated 16-04-1981 t.o.r.
Matter adjd for NM order to 26-03-2020 at 2.45 pm.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Due to Covid-19 matter is adjd time to time on 26-03-2020, 07-04-2020, 18-04-2020, 29-05-2020, 16-06-2020, 01-07-2020, 07-09-2020 and today this matter is posted for NM order.
None present.
Court is busy in framing issues in SU 1733/17, hearing in SU 471/2020 and other matters.
Matter adjd for NM order to 23-10-2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Due to Covid-19 matter is adjd time to time on 26-03-2020, 07-04-2020, 18-04-2020, 29-05-2020, 16-06-2020, 01-07-2020, 07-09-2020 and today this matter is posted for NM order.
None present.
Court is busy in dictating judgement in SU 1718 of 19 and passing NM order in NM no. 3212/18 in SU 2905/10 and NM 1851/19 in SU 6304/06.
Matter adjd for NM order to 05-11-2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Court is on leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Dilip Shetty for defendant present.
F.R.S.R. following order is passed.
ORDER
Notice of Motion No.2159 of 2019 in Suit No. 7407 of 2006 (H.C. Suit No.3393/06)(Disposed of) is allowed as under-
1.   Delay in taking out the Notice of Motion is hereby condoned subject to costs of Rs.1,000/-.
2.   Defendants are directed to deposit the said costs of Rs.1,000/- in the court or hand over it to the plaintiff on or before 12-02-2021.
3.   Exparte Decree dated 29-11-2018 passed in Suit No. 7407 of 2006 (High Court Suit No. 3393 of 2006) is hereby set aside subject to compliance of order of the said costs.
4.   The Suit No. 7407 of 2006 (High Court Suit No. 3393 of 2006) is restored at its original stage subject to compliance of order of the said costs.
5.   Copy of this order be kept in Suit No. 7407 of 2006 (High Court Suit No. 3393 of 2006) and Execution Application No. 227 of 2019.
6.   Plaintiff is directed to supply copy of evidence affidavit of PW-1 and documents relied therein to the defendants.
7.   The Suit be posted for admission and denial by the defendants on the documents relied by PW-1.
8.   Both the parties are hereby directed to remain present before the court 10-03-2021.
Matter adjd for compliance to 10-03-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv. B. L. Mangale for DH present.
None for JD.
Adjd for compliance to 01/07/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: SU 7407/06 	Adv. Mr. Mangale for Plaintiff present.
Ex. Apln. 227/19	Adv. Ms. Prerana for Defendant present.
	The order in NM 2159/2019 dated 07/12/2020 has been complied with by the Defendant.  The advocate for Plaintiff acknowledges receipt of costs from Defendant.  Accordingly the suit is restored to file.  It is taken on today\''s board.  The presence of Defendant in the suit is noted.  The Execution Application No. 227/2019 because of the setting aside of Decree of Suit has become infructuous and therefore it is disposed off.  The suit is adjourned for  Admission/Denial of documents by the Defendant.
	Matter adj. to 12/10/2021 Admission/Denial of documents by the Defendant.
Nature Of Disposal: OTHERWISE
Disposal Date: 23-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106879/2019
Filing Date: 04-07-2019
First Hearing Date: 15th July 2019
Decision Date: 23rd August 2021
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    23 Aug 2021
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :Court 59 ASST SESSIONS JUDGE
Case No. :EXECUTION APPLN/0100227/2019
Ram Shankar Gupta Vs The Maharashtra Housing and Area Development Authority and anr.
Date : 23-08-2021
Business : SU 7407/06 Adv. Mr. Mangale for Plaintiff present. Ex.
Apln. 227/19 Adv. Ms. Prerana for Defendant present. The
order in NM 2159/2019 dated 07/12/2020 has been
complied with by the Defendant. The advocate for Plaintiff
acknowledges receipt of costs from Defendant. Accordingly
the suit is restored to file. It is taken on
today&amp#039s board. The presence of Defendant in
the suit is noted. The Execution Application No. 227/2019
because of the setting aside of Decree of Suit has become
infructuous and therefore it is disposed off. The suit is
adjourned for Admission/Denial of documents by the
Defendant. Matter adj. to 12/10/2021 Admission/Denial of
documents by the Defendant.
Nature of Disposal : OTHERWISE
Disposal Date : 23-08-2021
Court 59 ASST SESSIONS JUDGE
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