Order Details: Order below exhibit Pdf Text: OBE – F . In Execution Application No. 285 of 2019 in S.C. Suit No. 4705 of 2012 1 Date : 13.02.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXHIBIT NO. F IN EXECUTION APPLICATION NO. 285 OF 2019 S.C.SUIT NO. 4705 OF 2012 (CNR NO.MHCC01 0080122019 ) Vinod Kumar Nagabathula & Anr. .. Decree Holder. Versus Smt. Lata Sayanna Elmal & Ors. .. Judgment Debtor. Appearances : Adv.Rahul…
EXECUTION APPLN
Mr.Viond Kumar Nagabathula and Anr.VsSmt. Lata Sayanna Elmal and Ors.
CNR MHCC01008012201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 10th September 2025
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100285/2019
- Registration Date
- 01 Aug 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: 13-08-2019
Business: Ms.Kirtika Kothari, Advocate for Plaintiff present. On request of Ms.Kothari, issue notice before execution returnable on 21/09/2019, as the matter is for issue of writ of possession.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Shri. Rahul Raut, advocate for the Plaintiff present. Shri. B.S. Patil, advocate for the defendant present. Defendants present. As Court is on leave, board discharged and adjd to 07/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Shri B.S.Patil, Advocate for Defendnat present. Defendant present. Exe.application marked as Exh-A(Colly). Shri Patil has tendered the Vakalatnama for the defendant, taken on record and marked as Exh-B. Shri. Patil seeks longer adjournment to file reply stating that the copy of exe.application has not been served upon the defendants. Hence, on request of Shri. Patil, adjd to 11/11/2019. Later on Ms.Keertika Kothare, advocate for the Plaintiff appeared and has tendered original show cause notice alongwith service report endorsed thereon, proving service, taken on record and marked as Exh-C. She has been informed about the roznama passed before her appearancen and the next date given in the matter and she has undertaken to furnish the copy of exe.application upon the advocate for the defendants.
Next Purpose: FOR___________________
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Ms. Kirtika Kothari, advocate for the Plaintiff present.
Shri. B.S.Patil, advocate for the defendant present.
Advocate for the plaintiff filed application for issue of warrant of possession u/o.XXI Rule 35 of CPC, taken on record and marked as Exh-D.
Shri. Patil states that that the defendant has not appeared to file reply and further states that the warrant of possession may be issued but may be executed one week hereafter.
Advocate for the plaintiff objects and states that many opportunities were given to the defendant to file reply, however, no reply is filed and therefore, apply is for warrant of possession today itself.
Time granted to the defendant till 2.00p.m. to file reply.
Later on, 2.00p.m. Ms. Kothari advocate for the plaintiff appeared, None for the defendant.
Hence, issue warrant as prayed for, returnable on 20/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Shri Rahul Raut I/b M/s. N. N. Vaishnawa and Co., Advocate for Plaintiff, present.
None for Defendant.
On request of Shri Raut returnable date of warrant of possession is extended till 11/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Ms. Kirtika Kothari, advocate for the plaintiff present.
Shri. Pravin Elmal and Shri. Virendra Elmal, representative of the defendant present.
Shri. Elmal has tendered the copy of notice dt.10/02/2012 in respect of adournment, t.o.r. and marked as Exh-E.
Ms. Kothari has tendered application for extension of returnable date of warrant of possession and for police assistance for execution of warrant of possession, t.o.r. and marked as Exh-F.
As Ms. Kothari has sought police assistance for executing the warrant of possession, it will be appropriate to refer the matter to the Honourable Court.
Hence, the matter is hereby submitted to Honourable Court on 13/02/2020.
Office to take steps to assign the matter to the Honourable Court as per assignment.
Parties and Advocates to appear before the Honourable Court as may assigned on 13/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Matter is called out at 3.55pm
Adv.Rahul Raut a/w Kirtika Kothari for plaintiff present.
Defendant in person present.
Defendant in person filed advocate letter requesting for granted of time on ground that, defendant is in process in Appeal before Honble High Court.
Order below Exhibit-F.
1.Application below Exhibit F is hereby allowed in terms of prayer clause (a) and (b).
2.Application below Exhibit F is disposed off accordingly.
Matter is adj to 27/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
Next Purpose: FOR___________________
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Due to Covid-19
None present.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020
Date: 25-09-2020
Business: Due to Covid-19
None present.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020
Date: 25-09-2020
Business: Due to Covid-19
None present.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Due to Covid-19 none present.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
Adv. Kirtika Kothari for Decree Holder.
She submitted that matter is stayed by the Hon’ble High Court.
Matter is adj as stayed by the Hon’ble High Court on
09-04-2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present.
Matter adj for hearing on 14.07.2021.
Next Purpose: HEARING
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Advocate Kirtika Kothari for D.H. present.
None present for J.D.
Adjourned for steps to 22.10.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Advocate Kirtika Kothari for D.H. is present.
None present for J.D.
Adjourned for taking steps to 16.12.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Advocate Kirtika Kothari for D.H. present.
None present for J.D.
Adjourned for taking steps to 14.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
Writ received from Hon\''ble High Court on 14/01/2022 vide High Court bearing No. CIV.W.P.No.C0100046/2022 dated 03/01/2022.
Hon’ble High Court Justice Smt. Bharati Dangre has passed following order on 08/12/2021:
P.C:
1. Since a request is made on behalf of the Counsel for the Petitioners, in the wake of the interim relief being continued since 2020, list the Petition for further hearing on 20.12.2021.
Hon’ble High Court Justice Smt. Bharati Dangre has passed following order on 20/12/2021:
P.C:
1. Re-notify for 11/01/2022.
2. The statement made by learned counsel for the respondent, that the respondent shall not execute the possession warrant, which is continued till today, shall continue to remain in force, till next date.
Adjourned for taking steps to 25.03.2022.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None present for plaintiff.
None present for defendant.
Adjourned for taking steps to 15.06.2022.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: By precipe
Advocate Kirtika Kothari for D.H. present and filed application for extension of time for warrant of possession alongwith police protection/assistance. It is marked as Exh.\''G\''. O- Allowed.
Matter already adjourned to 15.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: COURT IS VACANT
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Advocate Rahul Raut for decreed holder/plaintiff is present and filed affidavit in reply in NM.
Advocate Rubab Sayyad for judgment debtor present and filed registered NM No. 1786/22.
She also filed rejoinder in nm.
Matter is Adjourned to 5-8-2022 for NM Hrg.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Advocate Rahul Raut for D.H. is present.
Advocate Shardul for J.D. is present and filed application for adjournment - Granted.
Adjd. for NM hearing to 04/05/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Vaishnav present for plaintiff.
Adv. Mona Malvade & Shardul CJT I/b Bharat Merchant present for defendants and sought adjournment. O- Last chance is granted.
Matter is adjd. for NM hearing to 18.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Rahul Raut present for decree holder.
Adv. Sandeep Sharma alongwith Mona Malvade I/b Thakordas Madgaonkar present for judgment-debtors.
KB
Due to paucity matter cannot be reached and court is busy in hearing argument in Suit no.2219/2021.
Matter is adjd. for NM hearing to 23.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Mona Malavde present for defendant.
Matter is adjd. for NM hearing to 29.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Jasmine Kaur present for Decree holder/Plaintiff.
Adv. Sandeep Sharma alongwith Adv. Mona Malvade i/b Thakordas and Madgavkar present for Judgment Debtor/defendants.
Matter is adjd. for NM hearing to 07.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder/plaintiff.
Adv. Sandeep Sharma present for Judgment Debtor/defendant.
KB for argument
Due to paucity of time matter is adjourned.
Matter is adjd. for NM hearing to 01.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Sandeep Sharma alongwith Adv. Mona Malvade i/b Thakordas and Madgaik present for defendant.
Adv. Rahul Raut present for Decree Holder.
KB
Due to paucity of time matter is adjourned.
Matter is adjd. for NM hearing to 01.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
None present for Judgment Debtor.
Matter is adjd. for NM hearing to 10.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
Adv. Vidhya Chaudhary present for Judgment Debtor and applicant in Notice of Motion.
KB
LO at 03:45 p.m.
Adv. Sandeep Sharma present for Judgment Debtor.
By consent.
Matter is adjd. for NM hearing to 19.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Adv. Satyan Vishnav for DH present.
Adv.Sandeep Sharma a/w Adv. Mona Malvade present for applicant/defendant.
Head argument of both the sides on NM.
Adv. for plaintiff filed compilation of case laws.
Matter is adjd. for order on NM to 08.02.2024.
Next Purpose: ORDER
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
Adv. Mona Malvade i/b Thakordas and Madgaonkar present for Judgment Debtor.
Matter is adjd. for NM order to 21.02.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Adv. Jasmin Kaur present for plaintiff.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for defendant
Matter is adjd. for NM ORDERS to 04.03.2024 .
Next Purpose: NM ORDERS
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
Adv. Mona Malvade i/b Thakordas and Magvakar present for Judgment Debtor.
KB
Due to paucity of time matter is adjourned.
Matter is adjd. for NM order to 13.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
None present for Judgment Debtor.
KB
LO at 04:40 p.m.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for applicant/defendant.
Matter is adjd. for NM order to 20.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
None present for Judgment Debtor.
KB for order.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for Judgment Debtor.
Matter is adjd. for NM order to 26.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for Judgment Debtor.
Matter is adjd. for NM order to 01.04.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
None present for Judgment Debtor.
Matter is adjd. for NM order to 08.04.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
KB
Adv. Rahul Raut present for Decree Holder.
None present for Judgment Debtor.
Decree Holder and Judgment Debtor are present.
Matter is adjd. for NM order to 18.04.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur present for Decree Holder.
None present for Judgment Debtor.
Decree Holder is present.
Matter is adjd. for NM order to 25.04.2024.
LO at 04:55 p.m.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for Judgment Debtor.
Next Purpose: NM ORDERS
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
KB
LO at 03:58 p.m.
Adv. Jasmine Kaur present for Decree Holder.
Adv. Mona Malvade i/b Thakordas and Madgavkar present for Judgment Debtor.
Decree Holder is present.
Matter is adjd. for NM order to 29.04.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder
None present for Judgment Debtor.
Decree Holder is present.
KB
LO at 03:52 p.m.
Adv. Rahul Raut present for Decree Holder.
Judgment Debtor is present.
Matter is adjd. for NM order to 30.04.2024.
LO at 04:35 p.m.
LO at 04:32 p.m.
Adv. Shejal V. Nag i/b Adv. Mona Malvade present for Judgment Debtor.
Next Purpose: NM ORDERS
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Jasmin Kaur for Decree holder present.
Adv. Shejal V. Nag i/b Thakordas & Madgavkar for Judgment Debtor.
None present for defendant.
Decree holder for present.
Matter is adjd. for Orders to 02.05.2024 .
Next Purpose: NM ORDERS
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: Adv. Shejal V. Nag i/b Thakordas & Madgavkar for Judgment Debtor.
None present for defendant.
Matter is adjd. for NM orders to 03.05.2024 .
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
Adv. Shejal Nag i/b Thakordas and Madgavkar present for Judgment Debtor.
KB
Due to paucity of time matter is adjourned.
Matter is adjd. for NM order to 04.05.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
KB
F. R.S.R. following order is passed on:
Order:
1) Notice of Motion No.1786 of 2022 stands dismissed and disposed off, accordingly.
Matter is adjd. for Compliance to 03.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-06-2024
Date: 04-06-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Inadvertently, uncorrected copy of order of Notice of Motion No. 1786 of 2022 was uploaded in CIS on 17.05.2024 so the copy of order is being uploaded today.
Matter is already adjd. for Compliance to 03.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Adv. Jasmin Kaur present for Decree Holder and filed application for extension of possession warrant. t.o.r. and marked as Exhibit-02.
Decree Holder is present.
Matter is adjd. for COMPLIANCE to 18.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur i/b M/s. N. N.Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
KB
Adv. Sejal Nag i/b Thakordas and Madgavkar present for Judgment Debtor.
Decree Holder and Judgment Debtor are present.
Matter is adjd. for compliance to 09.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: P.O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
Decree Holder is present.
Judgment Debtor is present.
LO at 11:50 a.m.
Adv. Jasmine Kaur i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
Adv. Vidya Chaudhary present for Judgment Debtor and filed application for that Judgment Debtor has challenged the order of Notice of Motion dtd.04.05.2024 before the Hon’ble High Court. Judgment Debtor have circulated the matter for directions on 29.08.2024. So praying for one week time to seek appropriate directions from the Hon’ble High Court and pray for grant of one week time. Adv. for Decree Holder objected the application by filing hand-written say. Heard both sides. Short adjournment is granted considering the submissions. Taken on record. Marked as Exh-03. O- Otherside to say.
Matter is adjd. for compliance to 10.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: PO is on leave. Adjourned to.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
Judgment Debtor is present.
KB
Adv. Sandeep Sharma i/b Adv. Thakordas Madgavkar present for Judgment Debtor and filed adjournment application. Taken on record. Marked as Exh-04. O- Adjournment is granted.
Matter is adjd. for hearing to 07.11.2024.
Next Purpose: HEARING
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
KB
Judgment Debtor no.02 in person present and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register is granted. Copy is served to otherside.
Adv. for Decree Holder filed reply to draft Notice of Motion. Taken on record. Copy is served to otherside.
Matter is adjd. for NM hearing to 11.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
Judgment Debtor no.02 in person present.
Matter is adjd. for NM hearing to 10.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Armaan Grewal i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder and filed registered Notice of Motion no.5313/2024 alongwith affidavit in support. Taken on record. O- Leave to registered is granted.
Adv. Sandeep Sharma i/b Thakordas and Madgavkar present for Judgment Debtor and filed application for adjournment. Taken on record. Marked as Exh-05. O- Otherside to say. Say filed by otherside.
Heard both sides. O- Adjournment granted.
Plaintiff is present.
Matter is adjd. for NM hearing to 08.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. N. N. Vaishnawa and Co. present for Decree Holder.
Adv. Krishna Dhadhi h/f Adv. Sandeep Sharma i/b M.s, Thakordas and Madgavkare present for Judgment Debtor.
KB
Decree Holder is present.
Matter is adjd. for NM hearing to 10.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Adv. Jasmine Kaur i/b M/s. N. N. Vaishnava and Co. present for Decree Holder.
Adv. Neha Surte along-with Adv. Ms. Krishna Dhadhi h/f Adv. Sandeep Sharma i/b Thakordas and Madgavakar present for Judgment Debtor.
KB
Heard argument of adv. for Decree Holder on Notice of Motion no.5313/2024.
Matter is adjourned for argument of Judgment Debtor.
Matter is adjd. for NM hearing to 14.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2025
Date: 14-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur i/b M/s. N. N. Vaishnava and Co. present for Decree Holder
Adv. Ms. Krishna Dhadhi h/f Adv. Sandeep Sharma i/b Thakordas and Madgavakar present for Judgment Debtor and filed draft Chamber Summons alongwith affidavit in support t.o.r. Leave is granted to register Chamber Summons.
Matter is adjd. for NM hearing to 22.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
KB
Adv. Jasmine Kaur present for Decree Holder and filed hand-written reply on Chamber Summons no.5313/2024.
Decree Holder is present.
Adv. Neha Surte along-with Adv. Krishna Dhadi Thakordas and Madgavkar present for Judgment Debtor and filed registered Chamber Summons no.5313/2024 alongwith affidavit in support. Taken on record.
Judgment Debtor is present.
Matter is adjd. for NM hearing to 29.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
NOB. TOB.
Writ received from Department Inward no.2111 dtd.30.01.2025. Appeal From Order No.805 of 2024 with Interim Application No.14719 of 2024(for stay). No. D. D.(A.O.) :CO700510/2025 dtd. 08.01.2025.
CORAM : M. M. Sathaye, J, dtd. 11.12.2024
“P.C.:
1) The Appeal from Order and pending Application are accordingly dismissed. No costs.”
Matter is already adjd. for CS reply to 10.02.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2025
Date: 10-02-2025
Business: Adv. Jasmine Kaur present for Decree holder h/f N.N. Vaishnawa and Co. plaintiff.
None present for defendant.
Argument of both parties heard.
Matter is adjd. for C/S REPLY to 20.02.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Jasmine Kaur h/f N. N. Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
KB
Adv. Krishna Dhadhi present for Judgment Debtor.
Judgment Debtor is present.
Decree Holder is present.
Matter is adjd. for CS reply to 07.03.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
None present for Judgment Debtor.
KB
F.R.S.R following order is passed:
Order:
Chamber Summons No. 163 of 2025 is dismissed and disposed off accordingly.
Matter is adjd. for NM hearing to 15.03.2025 .
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Urmisha R. Vargante present for Judgment Debtor nos.01 to 03 and undertakes to file Vakalatnama on next date.
Judgment Debtor no.02 is present.
KB
Adv. Rahul Raut present for Decree Holder and filed pursis stating that in view of order dtd.11.12.2024 passed in A.O.(St.) No.21989/2024, nothing survives in present Notice of Motion. Taken on record. Marked as Exh-06.
Matter is adjd. for NM hearing to 17.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
None present for Judgment Debtor.
Decree Holder is present.
KB
Adv. Urmisha R. Vargante for Judgment Debtor nos.01 to 03 and filed Vakalatnama. Taken on record. Marked as Exh-06.
KB
LO at 05:20 p.m.
Adv. Ravindra Pachundkar along-with Adv. Urmisha R. Vargante for Judgment Debtor nos.01 to 03 requested for adjournment on the ground that they have newly appointed by the Judgment Debtor and they do not have the papers and earlier advocate is not cooperating.
Adv. for Decree Holder objected to the adjournment.
O- Granted as a last chance.
Matter is adjd. for NM hearing to 19.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
Adv. Urmisha R. Vargante for Judgment Debtor nos.01 to 03 and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register is granted.
Adv. for Decree Holder given hand-written reply to draft Notice of Motion of adv. for Judgment Debtor nos.01 to 03.
Adv. for Judgment Debtor nos.01 to 03 filed Vakalatnama. Taken on record. Marked as Exh-08.
Decree Holder is present.
KB
Adv. for Judgment Debtor nos.01 to 03 notpressed Notice of Motion no.5313/2024. Hence, Notice of Motion no.5313/2024 stands disposed off as not pressed.
Matter is adjd. for NM reply to 21.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut present for Decree Holder.
None present for Judgment Debtor.
Judgment Debtor is present.
KB
Adv. Urmisha R. Vargante for Judgment Debtor nos.01 to 03 and filed registered Notice of Motion no.1790/2025 alongwith affidavit in support. Taken on record.
Heard argument of adv. for Judgment Debtor nos.01 to 03 on Notice of Motion no.1790/2025.
Matter is adjourned for Notice of Motion order.
Matter is adjd. for NM order to 26.03.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Satyavan N. Vaishnav for D/H present.
D/H is present.
None present for defendant.
The Court is busy in recording evidence in High Court Time Bound Suit No. 8253/96 and SC No. 1141/19 and hearing argument in Suit No. 2634/03, Suit 3413/24 and Suit No. 2634/03.
Matter is adjd. for NM ORDERS to 27-03-2025
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Rahul Raut along-with Adv. Jasmine Sabharwal i/b M/s. N. N. Vaishnawa and Co. present for Decree Holder.
None present for Judgment Debtor.
KB
F. R.S.R. following order is passed on:
Order:
1) Notice of Motion No.1790 of 2025 is dismissed and disposed off accordingly.
Matter is adjd. for hearing to 02.04.2025.
Next Purpose: HEARING
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
KB
Adv. Rahul Raut present for Decree Holder
Adv. Urmisha Varghante present for Judgment Debtor nos.01 to 03.
Adv. Rahul Raut present for Decree Holder and submitted that an application Exh-02 is filed by Decree Holder on 03.07.2024 for extension of returnable date of possession warrant dtd.13.02.2020 and for police help to execute the warrant.
It is submitted that all the Notice of Motions filed by Judgment Debtor came to be disposed off and no stay is granted by the Hon’ble Supreme Court. It is further submitted that Execution is pending since 2019 and warrant was already issued as per order below Exh-F. Hence, it is prayer to grant extension of time for warrant of possession.
Adv. Urmisha Varghante present for Judgment Debtor nos.01 to 03 is present and submitted that she want to challenge the order of Notice of Motion no.1790/2024 before Hon’ble High Court and therefore she requested for time.
Judgment Debtor no.02 is present.
The Execution is pending since long. No stay is granted by Hon’ble Supreme Court. It is seen that one application was filed for extension of time for warrant of possession with police protection/assistant vide Exh-G on 29.04.2022 which was allowed. Considering the submissions of Ld. Counsel for Decree Holder, it is necessary to extend the date of warrant of possession. Hence, the application Exh-02 is allowed in terms of prayer clause (a) to (c).
Matter is adjd. for report to 16.06.2025.
Next Purpose: REPORT
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. for REPORT to 14.08.2025.
Next Purpose: REPORT
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: Court is on leave
Next Purpose: REPORT
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: None present for JD.
Advocate Rahul Raut present for Decree Holder. They have filed pursis marked at Exh-9, stating that decree Holder got possession. Decree is satisfied. Even bailiff report is also placed on record.
As decree is satisfied vide Exh-9, the execution proceeding finally disposed off.
Nature Of Disposal: OTHER
Disposal Date: 10-09-2025Additional Case Details
Additional Case Details
Filing Number: 108388/2019 Filing Date: 01-08-2019 First Hearing Date: 13th August 2019 Decision Date: 10th September 2025 Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE
Orders
3Final Order 210 Sept 2025
10 Sept 2025
Order Details: Other Pdf Text: 22/09/2025, 13:54 Case History 172.16.148.30/swecourtis/main.php 1/1 Back Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :EXECUTION APPLN/0100285/2019 Mr.Viond Kumar Nagabathula and Anr. Vs Smt. Lata Sayanna Elmal and Ors. Date : 10-09-2025 Business : None present for JD. Advocate Rahul Raut present for Decree Holder. They have filed pursis marked at Exh-9, stating that decree Holder got possession. Decree is satisfied. Even bailiff report is also placed on record. As decree is satisfied vide Exh- 9, the execution proceeding finally disposed off. Nature of Disposal : OTHER Disposal Date : 10-09-2025 COURT 63 ADDL SESSIONS JUDGE -- 1 of 1 --
Interim Order 1Full order available
13 Feb 2020
Order 1Full order available
13 Feb 2020
Order Details: Order below exhibit Pdf Text: OBE – F . In Execution Application No. 285 of 2019 in S.C. Suit No. 4705 of 2012 1 Date : 13.02.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI ORDER BELOW EXHIBIT NO. F IN EXECUTION APPLICATION NO. 285 OF 2019 S.C.SUIT NO. 4705 OF 2012 (CNR NO.MHCC01 0080122019 ) Vinod Kumar Nagabathula & Anr. .. Decree Holder. Versus Smt. Lata Sayanna Elmal & Ors. .. Judgment Debtor. Appearances : Adv.Rahul…
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