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EXECUTION APPLN

MANOHAR KHANDU KARBALVsGautam Shankar Sonawane

CNR MHCC01007716201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th February 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100485/2017
Registration Date
10 Nov 2017

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: 07-08-2019
    Business: Parties and Advocate absent,  adjd to 11/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Shri. Rajesh Patil, advocate for the Plaintiff present. On request of Shri. Patil, for taking instructions in respect of warrant of attachment u/o. XXI Rule 46 of CPC issued in the matter, adjd to 24/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Shri. B. S. Patil, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 22/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Parties and Advocate absent,  adjd to 19/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Parties and advocate absent, adjourned to 22/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Shri. Rajesh Patil, advocate for Plaintiff present.
    On request of Shri. Patil, for taking instructions, adjd to 22/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Shri. Rajesh Patil, advocate for Plaintiff present.
    On request of Shri. Patil, for taking further steps, adjd to 04/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Shri. Rajesh Patil, advocate for Plaintiff present.
    Exe.application marked as Exh-A(Colly).
    Shri Patil has tendered affidavit of Plaintiff for issue of Garnishee Notice, t.o.r. and marked as Exh-B.
    Hence, upon perusing the affidavit and upon hearing Shri. Patil, issue Garnishee Notice returnable on 18/03/2020, before the Honourable Court as per assignment of the matter.
    Matter be sent to Exe. Department for assignment of the matter and for issue of Garnishee Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Matter Adjd to 07-08-2020  for
    Next Purpose: FOR___________________
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: PO is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv Mayuri Shirsat present for JD
    Adv Jyoti Vaity H/f Rajesh Patil present for the DH.
    Matter is adjd to 02.12.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: None present.
    Matter is adjd. to 19/01/2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  06-04-2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None present.
    Matter is adjd. for reply to 27-06-2022.
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 23/08/2022 for reply
    Next Purpose: REPLY
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: As court is vacant.
    Next Purpose: REPLY
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: None present.
    Garnishee failed to file reply, DH to take steps on next date.
    Matter stands adjourned for steps on 06-09-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None present.
    KB.
    L.O. at 4.00 pm.
    Adv. Rajesh Patil present for plaintiff.
    Matter stands adjourned for steps on  07-11-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: P. O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: None present.
    KB.
    L.O. at 5.00 pm.
    None present.
    Matter stands adjourned for steps on 21-03-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: None present.
    KB.
    L.O. at 12.30 pm
    None present.
    Matter stands adjourned for steps on 25-06-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None present.
    Kept back.
    Later On at 4.00 pm
    None present.
    Matter stands adjourned for steps on 19-08-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-08-2024
    
    Date: 19-08-2024
    Business: None present.
    Matter stands adjourned for steps on 15-10-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: None present.
    Kept back.
    Later on at 12.36 pm.
    Rajesh Patil present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned for steps on 19-12-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: None present.
    Kept back.
    Later on at 12.33 pm
    Adv. Rajesh Patil present for Decree Holder.
    None present for Judgment Debtor.
    Matter stands adjourned for steps on 06-02-2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: P. O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: None Present.
    Kept back.
    Later on at 3.15 pm.
    None present.
    Matter stands adjourned to 28-08-2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-08-2025
    
    Date: 28-08-2025
    Business: None present.
    Kept back.
    Later on at 12.25 pm.
    None present.
    Matter stands adjourned to 18-11-2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: None present.
    Kept back.
    Later on at 3.00 pm.
    None present.
    No steps taken by the Decree Holder.
    Matter stands adjourned to 12-01-2026 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: None present.
    The present  matter is under the caption of steps, if the positive,effective vigilant steps are not taken today it would be kept for dismissal.
    Matter stands adjourned to 22-01-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: None present.
    The present  matter is under the caption of dismissal. If positive steps are not taken today. Else matter would be proceeded in accordance with the law.
    Matter stands adjourned to 30-01-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: None present.
    E.A. is pending since 10 yrs.
        Perused the record E.A. is filed on 03-11-2017 for recovery of 7,17,463.94 ps with debt, interest of costs of suit with further interest 9 percent per annum is R.5,00,000/- from 12-08-2016 until its realization from the Judgment Debtor with prayer to issue warrant of attachment through the Chief Account officer MTNL, Dadar W for recovery of Rs.850000 approximately in view of decree passed in Summary Suit No.972/16 dated 11-10-2017 with the costs of Rs.10,340/-.
       Perused the roznama available in the record from 07-08-2019. It appears that thereafter matter was adjourned, 11-09-2019,24-092019,19-11-2019,22-11-2019,22-01-2020 on 04-02-2020 Decree Holder prayed to issue garnishee nogtice vide Exh.B and accordingly it appears to be issued returnable on 18-01-2020 thereafter covid 19 pandemic period started time to time the matter is adjourned on 07-08-2020,15-10-2020,21-10-2020,17-12-2021,29-09-2021,19-01-2022,06-04-2022 for reply 27-06-2022,23-08-2022,14-11-2022,02-01-2023,18-03-2023,01-07-2023,06-09-2023, my ld. Predecessor observed that in view of garnishee failed to file reply directed Decree Holder to take steps on next date. Ld. Advocate Rajesh Patil present on 07-11-2023,03-01-2024.
    Matter stands adjourned to 20-02-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: None present.
    The present  matter is under the caption of dismissal.
        Perused the roznama since 01-07-2023 matter is under the caption of steps continuously till kept for dismissal on 12-01-2026,22-01-2026, On previous dated the direction was given to the staff to trace out review of 09/2026. The sheristedar was on leave for last 3 days. Hence, directed trace out Review immediately.
    Kept back.
      Later on at 11.20 AM
       Review application is traced out and put up for orders.
      Perused the review, review appears to be taken out by applicant Namo Dayaram Nankani for reviewing order dated 24-11-2025 passed u/s 114 of CPC for recall of warrant of arrest against respondent/ Decree Holder Rajni J. Gulati issued in a suit filed by late wife Mrs. Bhagwati Namo Nankani.
      Perused the review application it is contended that as per order dated 14-02-2020 arrest warrant was issued on 07-03-2020 and lodged with office of Sheriff on 09-03-2020. Pursuant to the Covid 19 pandemic period arrest warrant could not be executed against the respondent.
         After perusal of review petition it appears to be filed in E.A. No.445/2017 in Sum Suit No.3562/2012 whereas the present E.A. No.485/17 in Sum Suit No. 972/2016. Which does not matches with the name of the parties in the Review Petition and the present E.A. hence the ld. Advocate Prajkat Savardekar i/b Nankani and Associates shall apprised the court how the review is connected with E..A if failed to point relevance appropriate order would followed in accordance with the law.
    Matter stands adjourned to 27-02-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: None present.
    Execution Application is under the caption of dismissal, having age of nearly 10 years hence, court have no other go, but to dismiss the Execution Application. Hence, accordingly it is dismissed in default.
    EA is disposed-off.
    R and P to be sent to the record room.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 27-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108206/2019
    Filing Date: 10-11-2017
    First Hearing Date: 07th August 2019
    Decision Date: 27th February 2026
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2026
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100485/2017
    Manohar Khandu Karbal Vs Gautam Shankar Sonawane
    Date : 27-02-2026
    Business : None present. Execution Application is under the caption of
    dismissal, having age of nearly 10 years hence, court have no
    other go, but to dismiss the Execution Application. Hence,
    accordingly it is dismissed in default. EA is disposed-off. R
    and P to be sent to the record room.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 27-02-2026
    COURT 84 ADDL SESSIONS JUDGE
    Print
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