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EXECUTION APPLN

Nitesh Hirachand JainVsVijay Raghunath Chiplunkar

CNR MHCC010075412018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 29th February 2020

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100195/2018
Registration Date
20 Jun 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: 02-08-2018
    Business: Please see actual Roznama Dtd.18/07/2018, which reads as under-
    Mr. Rajesh Patil I/b Nita G. Solanki, Advocate for Plaintiff, present. Execution Application marked as Exh.A (colly.).  Matter is taken on board by way of praecipe, taken on record and marked as Exh.B.  Mr. Patil prays for issue of notice u/o.XXI Rule 22 of C.P.C.  Hence, issue notice as prayed for, returnable on 18/08/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-08-2018
    
    Date: 18-08-2018
    Business: Mr. Rajesh Patil I/b Ms. Neeta Solanki, Advocate for Plaintiff, present. For completing service, adjd to 07/09/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Mr. Rajesh Patil I/b Ms. Neeta Solanki, Advocate for Plaintiff, present. Affidavit of service dated 03/09/2018 proving service against Defendant is t.o.r. and marked as Exh.C.  Shri Patil states that notice against Defendant be made absolute and warrants as prayed for be issued, as the Defendant has failed to appear despite service.  Hence, notice is hereby made absolute and warrant u/o.XXI Rule 48 be issued, returnable on 07/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: Miss. Anita Kamble, Advocate for plaintiff present. On request of Miss. Kamble returnable date of warrant is extended till 30/01/2019. Miss. Kamble undertakes to file service report of warrant on next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Shri. Rajesh Patil, Advocate for plaintiff present. On request of Shri. Patil, returnable date of warrant is extended till 01/03/2019. Shri Patil undertakes to file service report of warrant on next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Shri. Rajesh Patil, advocate for plaintiff present. On request of Shri. Patil, adjourned to 11/06/2019, for  taking instructions in respect of warrant of attachment u/o. XXI Rule 48 of CPC.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Shri. Yash Agrawal, advocate for the Plaintiff present. Shri.Agrawal tendered amendment application, taken on record and marked as Exh.D. Upon hearing Shri. Agrawal and upon perusing the application, amendment application is allowed. Exe.application be amended accordingly and amended warrant be issued returnable on 16/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Shri. Rajesh Patil, Advocate for Plaintiff present. On request of Shri Patil,  adjd to 06/11/2019, as the deduction from the salary has not yet commenced.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Shri. Rajesh Patil, Advocate for Plaintiff present.
    On request of Shri. Patil, adjd to 13/01/2020, as the deduction of salary is not yet started.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Shri. Rajesh patil, advocate for Plaintiff present.
    As Court is on leave, board discharged and adjd to 23/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Shri. Rajesh Patil, advocate for Plaintiff present.
    Exe.application already marked as Exh-A(Colly).
    Shri. Patil has tendered original warrant u/o.XXI Rule 46 of CPC, alongwith service report endorsed thereon, t.o.r. and marked as Exh.E.
    Shri. Patil, request for adjournment to proceed against garnishee and on his request adjd to 11/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Shri. Rajesh Patil, advocate for Plaintiff present.
    On request of Shri Patil, for taking further steps, adjd to 26/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Shri. Rajesh Patil Advocate for Plaintiff present.
    As Court is on leave, board discharged and adjourned to 29/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Shri. Rajesh Patil, advocate for plaintiff present. Shri. Patil states that as the warrant u/o.XXI Rule 48 in the matter has been issued on 04/07/2019, appropriate orders may be passed. In view of this present Execution Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrant issued in the matter will remain alive and the employer of the defendant to comply with the warrant till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrant of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 107639/2018
    Filing Date: 20-06-2018
    First Hearing Date: 02nd August 2018
    Decision Date: 29th February 2020
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    0

    No order text is available in this record.

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