Pankaj Shah in Execu. Appln. No.346 of 2017VsDevyani Patel

Date: 11-07-2019
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv for plaintiff Mr.Neel Pungliya present.
None for the defendant.
No reply filed by deft in Misc Application no. 55/17
Matter to proceed without reply in Misc Application no. 55/17
Matter is Adjd for Hearing on Misc Application 55//17 to 17.10.2019.
Next Purpose: HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv for plaintiff Mr.Neel Pungliya present.
Adv for deft Mr.Sunny Jain present.
Adv for plaintiff submitted affidavit of service of Misc applicant no. 59/19 on defendant.
Adv for deft stated that he has received copy of Misc applicant no.59/19.
Adv for deft requested for adjournment to file reply to Misc application 55/17 and 59/19. O-Granted.
Matter is Adjd for Reply to 29.11.2019.
Next Purpose: REPLY
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: P.O. is on half day leave.
Next Purpose: REPLY
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv for plaintiff Mr.Neel present.
Defendant present.
No reply filed by defendant.  Hence. Misc Application 59/19 to proceed without reply of defendant.
Matter is Adjd for Hearing on Misc APP 59/19  and 55/17 to 14.02.2020.
Next Purpose: HEARING
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: P.O.is on Leave.
Next Purpose: HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: P.O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: HEARING
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to Covid-19 pandemic no one is present today matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 12.01.2021.
Next Purpose: HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Both the parties and Adv. are absent.
Adjd for hearing on MA no. 55/17 and MA no. 59/19
on 26.03.2021.
Next Purpose: HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None present.
Matter adjd for hearing on 03.07.2021.
Next Purpose: HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of Circular no.106/2021 dated 14/6/2021, all Courts shall remain closed on every Saturday, hence matter of 19/6/2021 is adjd. to 26.07.2021.
Next Purpose: HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Matter called out at 3.01 p.m.
None present
Matter stands adjourned to 16.09.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 3.12 pm.
None present.
Matter stands adjourned to 20/11/2021.
Next Purpose: HEARING
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Matter called out at 11.22 a.m.
Since long, none present.
Hence, Issue notice of appearance to the parties through bailiff/RPAD.
Matter stands adjourned to 07.03.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Matter mentioned at 1.04 p.m.
Adv. Neel Pungliya for DH present upon the notices issued by this court. He is directed to pay Rs.200/- per notice as notice charges to PLA Dept.
None present for defendant.
Report dated 15.01.2022 shows that residence of JDR found locked as she was gone out of station and no fixed date of arrival known to the bailiff. The service of appearance could not be effected on her. Even otherwise also roznama dated 17.10.2019 shows that defendant is served with the MA 59/19.  The JDR till date failed to file reply to this MA. Hence, MA 59/19 is proceeded without reply of defendant.
It appears from the record, that at earlier point of time writ of possession dated 07.09.2017 could not be executed as the suit property was locked. That time also report shows that defendant gone out and there is no knowledge when she would come back. Hence, in such circumstances, issue fresh warrant of possession with direction to take forcible possession of the suit premises and also the assistance of Police, if so required. Sheriff to comply the same.
Matter stands adjourned to 05.05.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv. Neel Pungliya for DH present.
He filed application for clarification of order dated 07.03.2022 in MA. TOR. Exh.2.
This court vide order dated 07.03.2022 granted warrant of possession with police protection. The query raised at the Sheriff office was that there are no directions to obtain possession by breaking open the lock. Admittedly, first warrant of possession could not be executed as the premises were found locked. Therefore, I find to clarify further the order dated 07.03.2022.
1.     The plaintiff is granted warrant of possession.
2.     In the event, the suit premises found locked, possession may be handed over by breaking open the lock. The plaintiff can take assistance of the police protection. If any articles are found in the house, the sheriff shall make panchnama of the inventory and keep the same in one of the room of the house.
3.     In the event, the suit premises is found in possession of JDR or any one on her behalf, the said person be removed with the help of police, in that event also the inventory of the articles be made and the possession of the suit premises be handed over to the DH.
Parties to act on authenticated copy.
Matter stands adjourned to 16.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Daksha Parmar for JD present.  She is seeking time. Time granted.
None present for DH.
K.B.
Later on at 12.01 p.m.
Adv. Daksha Parmar for JD present. She tendered memo of appearance. TOR. Exh.03.
Matter stands adjourned to 03.10.2022 for compliance.
Later on at 12.23 p.m.
Son of DH present.
Already adjourned to 03.10.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Neel Pungliya for DH present. He tendered pursis consisting writ of possession a/w original bailiff report. TOR. Exh.04-colly.
JD in person present. Her advocate absent.
Matter stands adjourned to 06.12.2022 for further steps.
Later on at 12.03 p.m.
Adv. Tushar Momaiyah for JD present. He tendered memo of appearance.
TOR. Exh.05.
Already adjourned to 06.12.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv. Neel Pungliya for DH present. He is seeking time. Time granted.
JD in person present.
She requested to keep back the matter.
Later on called out at 2.58 a.m.
JD in person present. Her advocate absent.
Matter stands adjourned to 30.01.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None present.
K.B.
Later on at 1.15 p.m.
Adv. Neel Pungliya for DH present.
None present for JD.
Matter stands adjourned on 07.02.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Adv. Neel Pungliya for DH and applicant in MA No.55/2017 and MA No.59/2019 present.
JD and respondent in MA No.55/2017 and MA No.59/2019 in person present.
Matter stands adjourned on 17.04.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Neel Pungliya for applicant present.
None present for defendant.
K.B.
Later on at 1.52 p.m.
Adv. Kunal Nagwekar (S. A.) for respondent present.
Matter stands adjourned on 28.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None for Plaintiff present.
J/D in person present and she seeks time for engaging advocate. Time granted.
Matter stands adjourned on  23-08-2023 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: As Court is on leave, matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Adv Neel Pungliya present for D/H/ Plaintiff and submitted that Plaintiff has expired and seeks time to bring legal heir on record. O- Time granted.
None present for Defendant.
Matter stands adjourned on 18-12-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Advocate Neel Pungliya for plaintiff present.
None present for Defendant.
Matter stands adjourned on 20-02-2024 for ch/s service/reply.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
None for  plaintiff.
None for defendant.
Due to formation of new court and change of assignment last chance granted to file affidavit of service / reply to chamber summons.
Matter adjourned for filing affidavit of service/reply to chamber summons to 26-03-2024
Next Purpose: SERVICE
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: The P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Matter adjourned for service to 24.09.2024.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Clerk of Adv. Pungliya for applicant is present. He submits that Adv. Pungliya is hospitalized.
None for opponents.
Matter adjourned for service to 09.04.2025.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: The Court is on Leave
Next Purpose: SERVICE
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: Adv. Neel Pungliya for DH is present.
None for JD.
Matter adjourned for service to 21.06.2025.
Next Purpose: SERVICE
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: Adv. Neel Pungliya for applicant is present.
None for respondent.
Matter adjourned for service to 14.08.2025.
Next Purpose: SERVICE
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: None for applicant.
None for opponent.
Matter adjourned for service to 01.10.2025.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2025

Date: 01-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Neel Pungliya for applicant is present
None for opponent.
As per the order dated 11.10.2022 passed in EA No.346/2017 DH has already received possession accordingly MA No.59/2019 is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 01-10-2025

Main Case No: SUIT/0107929/1998
Main Cnr: MHCC010017701998
Main Filing No: 111447

Registration Number: 100059/2019
Transfer Date: 20-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100059/2019
Transfer Date: 30-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 107377/2019
Filing Date: 05-07-2019
First Hearing Date: 11th July 2019
Decision Date: 01st October 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE