Kamaludding Fazluddin KhotVsMumtaz Ahmed Amin and Ors.

Date: 31-07-2019
Business: Ms. Rupal Kothari, Trainee of S. Ghogare, Advocate for Plaintiff, present.  Mr. Aditya Shirke and Shri Shan Gadgil, Advocate for Defendants, present.  Execution Application marked as Exh.A colly. Vakalatnama for Defendants tendered by Shri Shirke, t.o.r. and marked as Exh.B.  Shri Shirke has tendered copies of order dated 23/07/2019 one in Civil Application No.2168 of 2019 in First Appeal (St.) No.16126 of 2019 and another in First Appeal (St.) No.16126 of 2019, kept in record and proceedings.  Shri Shirke seeks adjournment beyond 23/08/2019, stating that Appeal is posted for passing stay order in the Hon\''ble High Court on 23/08/2019.  In view of this adjd to 19/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff and Defendant present. As Court is on leave, board discharged and adjd to 02/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Shri. S. Ghogare, advocate for the plaintiff present.
Shri. Aditya Shirke, advocate for the defendant present. Defendant present.
Shri. Ghorge prays that execution be proceeded further as no stay has been granted by the Honourable High Court.
Shri. Shirke states that Appeal has been admitted by the Honourable High Court and seeks time to file reply.
Shri. Ghorge states that as there is no stay on failure to file reply on next date, execution be proceeded in accordance with law.
Hence, by consent, adjd to 16/12/2019, for reply of the defendant, making it clear that, on failure to file reply on next date, plaintiff will be at liberty to take further steps.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Shri. Abhishek Jadhav, advocate for the plaintiff present. Plaintiff present.
Shri. Shon Gadgil, advocate for the defendant present. Defendant present.
Shri. Gadgil has tendered copy of the order dt. 13/12/2019,passed by the Honourable High Court, in Civil Application no.2168/2019, in First Appeal (ST) no.16126/2019, kept in R and P.
Shri. Gadgil seeks time to file reply in the present exe.application to which Shri. Jadhav consents.
Hence, by consent, adjd to 02/01/2020, for reply of the defendant.
Next Purpose: FOR___________________
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Ms. Anita Patil, advocate for the plaintiff present.
Shri. Aditya Shirke, advocate for the defendant present. Defendant present.
Shri. Shirke has tendered objections of the exe.application, t.o.r. and marked as Exh-C. Copy of the said objections has been served upon advocate for the plaintiff across the bar.
Ms. Patil seeks time to file rejoinder, and by consent, adjd to 07/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Shri. Abhishek Jadhav, advocate for the plaintiff present. Plaintiff present.
Shri. Aditya Shirke, advocate for the defendant present. Defendant present.
Shri. Jadhav has tendered rejoinder, t.o.r. and marked as Exh-D.
Shri. Shirke seeks time to file sur-rejoinder and by consent, adjd to 31/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Ms. Anita Patil, advocate for the plaintiff present.
Shri. Aditya Shirke advocate for the defendant present.
Ms. Patil states that the pleadings have been completed and therefore, the matter may be referred to the Honourable Court. Shri. Shirke have no objection.
Hence, the matter is hereby submitted to the Honourable Court as per assignment on 04/02/2020.
Office to take steps to assign the matter to the Honourable Court .
Parties and Advocates to appear before the Honourable Court on 04/02/2020, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Patil for DH present.
Adv. Shirke for JD present.
Heard both sides. Ld. counsel for JD submitted that CA no. 2168/19 in FA (st) no. 16126 of 2019 is pending before the Hon\''ble High Court in this matter and on 29.01.2020 the Hon\''ble High Court has passed order and continued the ad-interim relief till 10.02.2020. Ld. counsel for DH submitted that there is no stay for execution application, therefore the execution can proceed.
After hearing both the sides, Matter stands Adj for hearing to 11.02.2020.
Next Purpose: HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: The court is on leave
Next Purpose: HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Court is busy in dictating order in suit no. 3098/13 and suit no. 2313/16. Hence, board is discharged.
Matter stands Adj for hearing to 12.03.2020.
Next Purpose: HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Patil for DH present.
Adv. Shirke with Adv. S. D. Ghadage for JD present and filed internet copy of order of Hon\''ble High Court in FA no. 1123/19 dated 24.02.2020. As per said order, interim stay granted by Hon\''ble High Court has been confirmed subject to conditions. Ld. counsel for both the sides submitted that in view of the above order, there has been compliance for the month of March along with the arrears, as such proceeding can be adjourned for a period of six months by consent of parties.
Matter stands Adj as stayed to 07.08.2020.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Court is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Sunita Chidurala for defendant/JD no. 5 present and submitted written submissions on behalf of defendant/JD no. 5 informing the court that the defendant has preferred the FA no. 1123/2019 against the Judgment and decree passed by this court in suit no. 3511/2010 decided on 30.04.2019 and said FA has been admitted by the Hon\''ble High Court vide order dated 23.07.2019 vide Ex-A filed with the written submissions. In the said First Appeal Hon\''ble High Court vide order dated 24.02.2020, has granted stay of Execution subject to condition to pay/deposit arrears of compensation/mense profit from the date of decree till date in six equal instalments is payable on  or before 10th of every month along with other conditions vide Ex-B.
It is further informed that as per said order of Hon\''ble High Court, the defendant has deposited the amount of Rs. 40,000/- per month and the copies of receipt are filed on record alongwith the written submissions vide Ex-C (colly) and Ex-D (colly).
In view of the above, it is submitted that the defendant has complied with the conditions imposed by the Hon\''ble High Court. Hence, stay be continued.
Matter stands Adj as stayed to 10.02.2021.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Advocate Ms. Anita Patil for plaintiff present.
Defendant No.5 present.
The case is adjourned to 20.04.2021 as stayed matter.
LO at 1.42pm,
Defendant no.5 present and filed application for production of document. TOR and marked as Exh.2.
O- Production is allowed.
Already the case is adjourned to 20.04.2021 as stayed matter.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19
Next Purpose: SUIT STAYED
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: SUIT STAYED
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Matter mentioned at 12.24 p.m.
Adv. Anita Patil for decreeholder made a statement that in first appeal the Hon\''ble High Court stayed the judgment and decree.
Shamim Alimiya Deft. No. 5 present.
Hence, matter stands adjourned to 15.01.2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Abhishek Chaturvedi h/f Sandip Ghogare for DH present
None present for JDR.
Matter stands adjourned to 08.06.2022 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Anita Patil for plaintiff present.
None present for defendant.
Matter stands adjourned to 29.08.2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Ghogare for plaintiff present.
Deft. no.5 in person present.
Both submitted that EA is stayed by Honble High Court.
Matter stands adjourned to 12.12.2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: None present.
Matter stands adjourned to 15.03.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: None present for plaintiff.
Defendant No.5 in person present. She tendered application. TOR. Exh-03.
Matter stands adjourned on 11.07.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Son of Plaintiff/ D/H present.
Defendant/ J/D in person present.
Matter stands adjourned on 26-10-2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Adv present a/w son of D/H.
J/D in person present.
Heard J/D in person and advocate for D/H both submitted that the J/D is depositing the amount as per Honble High Court and till stay is continue.
Matter stands adjourned on 25-01-2024 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 25-01-2024

Date: 25-01-2024
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.
Plaintiff No.1 in person present
Defendant No.5 in person present.
Due to formation of new court and change of assignment matter is adjourned.
Matter adjourned for  Stayed to 06-04-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sarvesh Gawade for  DH/plaintiff.
Defendant No.5 in person present.
Matter adjourned for Suit stayed   to 22-07-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Anita Patil for DH/plaintiff is present.
JD/ Defendant No.5 is present.
None for other defendants.
Matter adjourned for stayed to 23-10-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Kruttika Joshi for DH/ plaintiff is present.
JD/defendant No.5 is present.
None for other JD/defendant.
Matter adjourned for EA stayed  to 10-02-2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: Court is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: PO is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
JD No.5 is present.
Matter adjourned for suit stayed to 30.01.2025.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
JD No.5 is present.
Matter adjourned for suit stayed to 27.04.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sandeep Ghogare for DH is present.
JD No.5 is present.
Matter adjourned for suit stayed to 24.08.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: PO is on leave.(First Session)
Next Purpose: SUIT STAYED
Next Hearing Date: 18-11-2026

Main Case No: SUIT/0103511/2010
Main Cnr: MHCC010041002010
Main Filing No: 111447

Registration Number: 100267/2019
Transfer Date: 03-02-2020
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100267/2019
Transfer Date: 23-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 107792/2019
Filing Date: 18-07-2019
First Hearing Date: 31st July 2019
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE