EXECUTION APPLN
Mr. Rajesh Pratapchand JainVsMr. Jayantilal Premji Dedhia
CNR MHCC01008002201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th December 2025
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100284/2019
- Registration Date
- 31 Jul 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec NOTICE
Case History / Proceedings
Case History
Date: 09-08-2019
Business: Parties and Advocate absent, adjd to 20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Parties and Advocate absent, adjd to 28/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Shri. L.K. Sharma, advocate for the Plaintiff present. On request of Shri. Sharma issue notice under order XXI, Rule 22 of CPC, returnable on 27/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Shri. L.K. Sharma, advocate for the Plaintiff present. On request of Shri. Sharma for filing affidavit of service, adjd to 09/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Shri. L.K. Sharma, advocate for the Plaintiff present. Exe.application marked as Exh-A(Colly). Shri. Sharma has tendered affidavit service, taken on record and marked as Exh-B. Shri. Sharma states that the decline of service is a good service and prays that as the defendant neither appeared nor filed any reply, warrants of attachment u/o.XXI Rule 43 and 54 of CPC, be issued by making the notice absolute. Hence upon perusing the affidavit of service, notice is hereby absolute and issue warrant as prayed for, returnable on 07/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Shri. Rajesh Jain advocate for the plaintiff present.
Shri. Jain has tendered original unexecuted warrants u/o.XXI Rule 43 and 54 of CPC, on account of incomplete address, t.o.r. and marked as Exh- C and D respectively.
Shri. Jain has tendered application for amendment in exe.application and for issue of warrants on amended address, t.o.r. and marked as Exh-E.
Amendment application allowed. Amendment be carried out as per rules and fresh warrant after amendment be issued, returnable on 26/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Parties and advocate are absent.
As court is on leave, Board discharged, matter adjourned to 17/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Parties and advocate are absent adjourned to 17/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Shri L.K. Sharma advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 07/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Parties and advocate are absent adjourned to 06/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Parties and advocate are absent adjourned to 03/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Parties and advocate are absent adjourned to 22/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Parties and Advocate absent matter adjourned to 30/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Shri Rajesh Jain, advocate for plaintiff present.
On request of Shri Jain, for submitting report of execution of warrants matter adjourned to 08/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Shri L.K. Sharma, advocate for plaintiff present.
On request Shri Sharma, matter adjourned to 21/12/2021, awaiting sheriff report.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Shri Sudhir Thakur representative of Plaintiff present.
Sheriff Certificate/letter dated 18/12/2021 bearing No.KKN/BBCW/1262/2021, enclosing therewith Bailiff report and Original warrant U/o.XXI, Rule 54 of CPC, tendered by Shri Thakur, t.o.r. marked as Exh-F (colly).
On request of Shri Thakur, for taking further steps, adjourned to 12/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 29/01/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 14/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Shri L.K. Sharma, advocate for plaintiff present.
None for defendant.
On request of Shri Sharma, for taking further steps for issue of warrant of sale, matter adjourned to 28/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Shri L.K.Sharma advocate for plaintiff present.
None for defendant.
On request of Shri Sharma, for taking appropriate steps, matter adjourned to 21/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Shri L.K. Sharma advocate for plaintiff present.
None for defendant.
On request of Shri Sharma matter adjourned to 07/04/2022, for filing of an application for amendment.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Shri L.K. Sharma, Advocate for Plaintiff present.
On request of Shri Sharma, for filing of amendment application, matter adjourned to 06/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Parties and advocate absent adjourned to 21/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Shri L.K. Sharma advocate for plaintiff present.
Shri Sharma, has tendered application for amendment, t.o.r. marked as Exh-G.
Upon hearing Shri Sharma, amendment application is allowed.
Amendment be carried out as per rules and for further directions after amendment, matter adjourned to 19/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Parties and advocate absent adjourned to 26/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Ms. Shweta Bhandari, advocate for plaintiff present.
Ms. Bhandari states that she has no proper instructions and she seeks adjournment and on her request, matter adjourned to 10/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: As Court is on leave, board discharged and matter adjourned to 01/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Shri L.K. Sharma advocate for plaintiff present.
Shri Sharma has tendered application for transfer of matter to Honourable Court for issue of warrant against judgment debtor U/o.XXXI, Rule 37 and 38 of CPC t.o.r and marked as Exh.H.
Upon hearing Shri Sharma matter is hereby submitted to Honourable Court as per assignment on 05/01/2023.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Honourable Court as may be assigned, on 05/01/2023.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: None for DH.
None for JD.
Matter is adj to 02/03/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv.L.K.Sharma for DH present.
None for JD.
DH has filed application (Exh-2) for arrest of the JD. He submits that though the Shop owned by JD is already attached by this court, however same can not be sold out as said shop and the entire Mall in which shop situates had caught fire. Thus, the property attached is not amenable to sale. He request to issue arrest warrant.
In view of the aforesaid submission, issue show cause notice to the JD as per Rule 37 of order XXI of CPC.
Matter is adj to 11/04/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.L.K.Sharma for DH present.
None for JD.
No report about service of notice under Rule XXXVII Order 21 of CPC is yet received.
Matter is adj to 06/07/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in hearing and dictating order in other urgent mattes, remaining morning session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 30.08.2023 for report.
Next Purpose: REPORT
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Decree holder and his advocate are absent.
Bailiff report is received from Sheriff office. It is reported that the JDr refused to accept the service of notice.
Matter is adj to 19.10.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Decree holder and his counsel are absent.
Matter is adj to 18.12.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: ORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder and his advocate are absent.
Keep back.
Later on at 3.10p.m.
Decree holder and his advocate are absent.
The matter is very old. Decree holder is given last chance to take the steps.
Matter is adj to 14/03/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The representative of the decree holder is present.
Keep back.
Later on at 3.00 pm
The representative of the decree holder is present.
Adv. L. K. Sharma for decree holder is present.
Service report of Notice under Order XXI, Rule 37 of CPC received from Sheriff, Mumbai. Taken on record. It is marked as Exh-2.
On perusing report, it appears that judgment debtor refused to disclose his name and refused to accept the service and did not allow to affix on the outer door premises.
Thus, it appears judgment debtor avoiding the service of notice.
Advocate for decree holder has filed an application for issuance of warrant under Order 21, Rule 38 of CPC for arrest to judgment debtor. Taken on record. It is marked as Exh-3.
Matter is adj to 02.05.2024 for Order on Exh-3.
Next Purpose: ORDER
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The decree holder in person present.
Adv. Priyanshi Trevadia h/f Adv. Paras Vira for plaintiff is present.
Adv. Manisha Prajapati for defendant is present.
Court is busy in dictating order in suit No.3319/08, Notice of motion No.3862/23, 1120/19.
Matter is adj to 04.05.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Court is busy in dictating order in Notice of Motion No.3962/22 and 3963/22 and hearing in High Court Time Bound suit No.137/18 and mediation matters.
Matter is adj to 15.06.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.52 pm
Adv. L. K. sharma for decree holder is present.
Matter is fixed for order on application at Exh-3. It is the submission of the counsel for the decree holder that property attahced of the judgment debtor in the first lokdown Covid period due to some reason the said mall had caught fire and it is not amenable to sale. However, on perusing bailiff report dated 18.12.2021, it is only mentioned that he has attached the property of judgment debtor. There is nothing in the bailiff\''s report in respect of property of judgment debtor is caught in alleged incident of fire. Hence, decree holder to clarify on the same.
Matter is adj to 30.07.2024 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Court is on half day leave(in first session).
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.17 pm
Representative of decree holder is present.
Court is busy in recording evidence in Suit No. 3979/08 and Suit No.818/15 and hearing final argument in Suit No.9054/92 and dictating order in NM No.2230/24, 1447/24 and in Sum. Suit 4862/10.
Matter is adj to 16.10.2024 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-3
Perused application and record. On perusing record, it appears that decree holder/plaintiff had filed suit bearing No.1465/14, which came to be decreed on 15.12.2015. Decree holder has filed execution proceeding to recover an amount of Rs.7,27,107.75 and further interest @ 9 percent on amount of Rs.5,00,000/- till further realization. The decree holder had given an application to issue arrest warrant against judgment debtor for an amount of 7,19,792.67. It appears that show cause notice under Order-21, Rule-37 of Civil Procedure Code was issued to the judgment debtor. On perusing report of said notice, it appears that judgment debtor refused to disclose his name and to accept the said notice. Even, he did not allow to affix said notice on the outer door premises. This shows that judgment debtor is avoiding the service of notice. Further, he has not satisfied the decretal amount. Matter is old. As judgment debtor has not deposited decretal amount. Therefore, decree holder has given this application under Order-21, Rule-38 of Civil Procedure Code to arrest judgment debtor and to detain him in the prison. It is further submitted by decree holder that he is ready to deposit necessary Bhatta. Thus, considering the facts and circumstances of the case, I am of the view that it is necessary to issue arrest warrant against judgment debtor and to detain him in Civil Prison, if he fails to satisfy decretal amount. However, before issuance of such warrant, decree holder has to deposit subsistance allowance as per rule and if necessary to deposit subsistance allowance in advance, if judgment debtor is to be detain in Civil Prison. Hence, I proceed to pass following order-
Order
1. Application is hereby allowed.
2. Issue warrant of arrest against judgment debtor, as per
Order-21, Rule-38 of Civil Procedure Code.
3. If Judgment debtor is arrested, he be produced before the
court on working day.
4. Decree holder is directed to deposit subsistence allowance as
per rule.
5. Warrant of arrest may be issued, after decree holder depositing
subsistence amount.
6. The concerned officer is directed to follow the procedure as
per Order-21, Rule-38 of Civil Procedure Code.
Matter is adj to 22.01.2025 for compliance and report.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 24.02.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Decree holder is present.
Adv. Mukesh B. Yadav h/f Adv. L. K. Sharma for decree holder is present and requested for adjournment. Adjournment is granted.
Matter is adj to 04.04.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Sudhir Thakur, representative of decree holder is present.
Judgment debtor and his advocate are absent.
Matter is adj to 30.04.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Both parties and their advocate are absent.
Matter is adj to 21.07.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. L. K. Sharma for decree holder is present and filed an application for issuance of fresh arrest warrant along with police protection. TOR and marked as Exh-4.
Matter is adj to 11.08.2025 for order on Exh-4
Next Purpose: ORDER
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 11.24 pm.
Adv. Mukesh B. Yadav for decree holder is present.
Order below Exh-4
Perused application and record. Heard both parties. It is submitted on behalf of decree holder that order is passed on 27.11.2024 to issue arrest warrant against judgment debtor under Order-21, Rule-38 of Civil Procedure Code. The decree holder has deposited subsistence allowance and arrest warrant was issued against judgment debtor. However, it is not executed as when bailiff went to execute the said warrant. Judgment debtor was not found on the given address. Further, Daughter-in-law of defendant informed bailiff that judgment debtor is went for work and did not open the safety door of the flat. Further, it is mentioned in bailiff report that when he visited office of the judgment debtor, it was locked. It is further submitted that judgment debtor is avoiding execution of arrest warrant and therefore, it may be re-issued and Police protection may be provided.
Perused application and record. Admittedly, arrest warrant was issued against judgment debtor on 27.11.2024 subject to depositing subsistence allowance. It appears judgment debtor has deposited and therefore, arrest warrant was issued against judgment debtor. However, as per bailiff report appears that it was not executed, as judgment debtor was not found at his residential address. On perusing bailiff report, it appears it was informed that the judgment debtor went to work. Further, on making enquiry on his work place, even there judgment debtor was not found. It is also mentioned in the bailiff report that Daughter-in-law of judgment debtor did not open the safety door. Therefore, decree holder has prayed for re-issue of arrest warrant along with police protection. It is pertinent to note that police protection can be granted to execute arrest warrant in Civil proceedings. However, in order to grant police protection, when executing officer anticipates resistance or violence during the arrest. In the present case, decree holder has not made out such circumstances even from bailiff report it does not appeared so. Therefore, I am of view that though decree holder is entitled for re-issue of arrest warrant, however, no case made out to grant police protection. Hence, I proceed to pass following order-
Order
1. Application at Exh-4 is hereby partly allowed.
2. Re-issue arrest warrant, in view of order dated 27.11.2024.
Matter is adj to 10.09.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties absent.
Matter is adj to 1.10.2025 for report.
Next Purpose: REPORT
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mukesh Yadav h/f Adv. L. K. Sharma for decree holder is present
Judgment debtor and his advocate are absent.
Matter is adj to 15.10.2025 for Report.
Next Purpose: REPORT
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. L. K. Sharma for decree holder is present and filed pursis intimating that Judgment debtor has handed over two cheques of amount of Rs.5,50,000/- each. TOR and marked as Exh-5.
Judgment debtor and his advocate are absent.
Matter is adj to 06.11.2025 for steps
Later on at 1.30 pm
Adv. Kinjal Doshi h/f Adv. Jayantilal Dedhia for judgment debtor is present.
Matter is adj to 06.11.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder is given last chance to take the steps.
Matter is adj to 25.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2025
Date: 25-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Decree holder was given last chance to take the steps. Decree holder failed to take steps. Hence, matter is kept for dismissal order.
Matter is adj to 20.12.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-1
Perused record. Both parties and their advocate are absent. It appears from record that decree holder has filed pursis at Exh-5 on 15.10.2025 intimating that judgment debtor has issued two cheques for Rs.5,50,000/- each dated 23.10.2025 and 03.11.2025, towards settlement. It is further mentioned in the pursis that matter be adjourned in the month of November 2025 so that cheques would be cleared. Therefore, matter was adjourned on 06.11.2025, 25.11.2025 and today. Neither decree holder nor his counsel are present and informed whether cheques are cleared or not. Even decree holder has not taken any steps to proceed with the matter. Therefore, it appears that decree holder is not interested in conducting the matter. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Execution Application No. 284 of 2019 is dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-12-2025Additional Case Details
Additional Case Details
Filing Number: 107994/2019 Filing Date: 31-07-2019 First Hearing Date: 09th August 2019 Decision Date: 20th December 2025 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
1Final Order 120 Dec 2025
20 Dec 2025
Order Details: Other Pdf Text: 08 20/12/2025 EXE. APP. 284/19 IN SUM 1465/14 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Order below Exh-1 Perused record. Both parties and their advocate are absent. It appears from record that decree holder has filed pursis at Exh-5 on 15.10.2025 intimating that judgment debtor has issued two cheques for Rs.5,50,000/- each dated 23.10.2025 and 03.11.2025, towards settlement. It is further mentioned in the pursis that matter be adjourned in the month of November 2025 so that cheques would be cleared. Therefore, matter was adjourned on 06.11.2025, 25.11.2025 and today. Neither decree holder nor his counsel are present and informed whether cheques are cleared or not. Even decree holder has not taken any steps to proceed with the matter. Therefore, it appears that decree holder is not interested in conducting the matter. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order:- Order Execution Application No. 284 of 2019 is dismissed for default. Judge -- 1 of 1 --
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