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EXECUTION APPLN

RAMESHKUMAR BABULAL SHAHVsHareshkumar M. Patel

CNR MHCC01007657201815-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 10th July 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100203/2018
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 warrant

    Case History / Proceedings

    Case History
    Date: 02-08-2018
    Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent.  Mr. Shah prays for issue of Warrant u/o.XXI, Rule 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrant as prayed for, returnable on 03/10/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent. On request of Mr. R. B. Shah, for return of warrant, adjd to 15/11/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Mr. Rameshkumar B. Shah, Plaintiff, present.  His Advocate absent. On request of Mr. Shah adjd to 21/11/2018, for inquiry with the office of Sheriff of Mumbai in respect of amount received so far from the office of the Employer of the Defendant.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-11-2018
    
    Date: 21-11-2018
    Business: Mr. Dileep Satale, Advocate for Plaintiff, present.  Mr. Rameshkumar B. Shah, Plaintiff, present.  Execution Application marked as Exh.A (colly.). Letter/Report bearing No.EPB/1084/GEN Vol.III, dated 14/11/2018, under this office Inward No.12325, dated 16/11/2018, received from Western Railway-the Employer of JD-Shri Haresh Kumar M. Patel, is t.o.r. and marked as Exh.B.  On request of Mr. Satale, for taking further steps, adjd to 20/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Parties and Advocate absent, adjd to  06/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Parties and Advocate absent, adjd to  18/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Shri. R.B. Shah,  plaintiff present. Matter is taken on board by way of praceipe, marked as Exh. C. Shri. Shah prays for issue of garnishee notice. However, attention of Shri. Shah is invited to be letter received from BMC office undertaking, stating therein that they are unable to comply with the warrant of salary attachment. In view of this, Shri. Shah seeks adjournment for taking further steps and on his request adjourned to 15/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Parties and Advocate absent, adjd to  15/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: Shri. Vikas Saindane, advocate for the Plaintiff present. Shri. Saindane, seeks time to take instruction/further steps, and on his request adjd to 07/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Shri. R.B. Shah, Plaintiff present. On request of Shri. Shah, issue show cause notice against the employer of the defendant returnable on 16/09/2019, asking him to show cause as to why Garnishee Notice should not be issued in the matter, as the employer of the defendant has not yet complied with the warrant u/o.XXI Rule 48 of CPC, issued in the matter.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Shri. R.B. Shah, Plaintiff present. Shri. Niraj Prajapati, advocate for Railway present. Shri. Prajapati undertake to file Vakalatnama and reply by next date and on his request, adjd to 03/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Shri. R.B. Shah, plaintiff present. Ms. Sangeeta Yadav, advocate for the Western Railway, present. Ms. Yadav has tendered the Vakalatnama, taken on record and marked as Exh-D. Shri. Shah states that the Garnishee of the defendant ought to have complied with the warrant issued by this Court. However, Ms. Yadav states that the salary of the defendant is already under attachment in various proceeding and prays that Garnishee be discharged and no action against the Garnishee be taken without following due process of Law. However, Shri. Shah submits that the matter may be referred to the Honourable Court and on his request matter is hereby submitted to the Honourable Court as per assignment on 18/10/2019. Office to take steps to assign the matter to the Honourable Court. Parties and Advocates to appear before the Court on 18/10/2019 as may be assigned.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: None present.
    Adjd. to 03.02.2020 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Satale for DH.
    Issue notice to garnishee.
    Adjd for compliance to 04-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-05-2020
    
    Date: 26-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None present
    Adjd to 05-03-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Vikas for DH.
    None for JD.
    Issue garnishee notice.
    Adjd to 16-07-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: None present for both parties.
    Matter is adjd to 22.12.2021 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: None present.
    Adjourned for compliance to 16.02.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Plff. present.
    None for deft.
    KB
    Later on.
    The plff. filed application for attachment of Under order 21 rules 46.
    Matter is adjd. for argument/order  to 17/03/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: None present.
    Matter is adjd. for arguments to 26-04-2022.
    Later on
    DH present in person.
    None for JD.
    Exh.2-He filed application for Issue notice to Granishee under order 21 rule 46 of CPC to attached decreetal amount. O-Allowed.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: None present.
    Matter is adjd. for argument to 24-06-2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Matter pertains to C.R.No.15
    Plaintiff in-person present.
    None present for defendant.
    Exh.03 - Application to issue garnishee notice to deposit the decreetal amount with Sheriff of Mumbai. O-Issue notice to garnishee as prayed.
    Matter Adjd for steps on 26/07/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: By praecipe Exh.4.
    DH present in person.
    Sherif of City Civil Court is present.
    He submitted that he has received entire decretal amount, do not want to proceed further. Hence, EA 203/2018 stands disposed of in full satisfaction. Garnishee is discharged. Proceeding is closed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 10-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107474/2018
    Filing Date: 20-06-2018
    First Hearing Date: 02nd August 2018
    Decision Date: 10th July 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jul 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100203/2018
    Rameshkumar Babulal Shah Vs Hareshkumar M. Patel
    Date : 10-07-2023
    Business : By praecipe Exh.4. DH present in person. Sherif of City
    Civil Court is present. He submitted that he has received
    entire decretal amount, do not want to proceed further.
    Hence, EA 203/2018 stands disposed of in full satisfaction.
    Garnishee is discharged. Proceeding is closed.
    Nature of Disposal : OTHERWISE
    Disposal Date : 10-07-2023
    COURT 15 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    10 Jul 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100203/2018
    Rameshkumar Babulal Shah Vs Hareshkumar M. Patel
    Date : 10-07-2023
    Business : By praecipe Exh.4. DH present in person. Sherif of City
    Civil Court is present. He submitted that he has received
    entire decretal amount, do not want to proceed further.
    Hence, EA 203/2018 stands disposed of in full satisfaction.
    Garnishee is discharged. Proceeding is closed.
    Nature of Disposal : OTHERWISE
    Disposal Date : 10-07-2023
    COURT 15 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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