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EXECUTION APPLN

Mr. Sayed Anwar RizviVsMrs. Sonali Hemant Kadrekar

CNR MHCC01008150201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th November 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100290/2019
Registration Date
05 Aug 2019

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: 21-08-2019
    Business: Ms. Pushpa Goswami, advocate for the Plaintiff present. On request of Ms. Goswami, for taking further steps, adjd to 26/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Ms. Pusupa Goswami, Advocate for Plaintiff present.  Ms. Goswami prays for issue of Warrant u/o.XXI, Rule 46 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 25/11/2019
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Ms. Pushpa Goswami, advocate for the plaintiff present.
    Exe.application marked as Exh-A(Colly).
    Original unserved warrant u/o.XXI Rule 46 of CPC, tendered by Ms. Goswami, t.o.r. and marked as Exh-B.
    Ms. Goswami has also tendered amendment application, t.o.r. and marked as Exh-C and the same is allowed.
    Amendment be carried out as per rule and fresh warrant after amendment be issued, returnable on 18/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Ms. Amruta Devkat, advocate for the defendant present.
    As Court is on leave, board discharged and adjd to 17/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Ms. Pushpa Goswami, Advocate for Plaintiff present.
    Ms. Goswami has tendered original warrant u/o.XXI Rule 46 of CPC, dt.05/12/2019, alongwith service report endorsed thereon, t.o.r. and marked as Exh-D.
    Ms. Goswami now 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 31/03/2020.
    Later on Ms. Amruta Devkat, advocate for the defendant appeared and she has tendered Vakalatnama  for the defendant, t.o.r. and marked as Exh-E. And she has been informed about the todays roznama.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Ms. Amruta Devkat Advocate for defendant present.
    Matter is taken on board by way of praecipe filed by advocate for defendant marked as Exh-F.
    Ms. Devkat states that she is intending to take out application for stay by giving notice to other side.
    Hence, on request of Ms. Devkat for 12/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Parties and Advocate absent, matter adjd to 20/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Parties and Advocate absent
    As Court is on leave, board discharged and matter, adjd to 03/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Parties and advocate are absent adjourned to 19/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Parties and advocate are absent 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: Parties and advocate are absent.
    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: Ms. Sonali Kadrekar advocate for plaintiff present.
    Ms. Kadrekar tendered application to bring the legal heirs on record of the decree holder on record t.o.r. and marked as Exh.G.
    On request of Ms. Kadrekar for filing of application for amendment with supporting documents, adjourned to 03/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Ms. Juhi Jadhav advocate for plaintiff present.
    Ms. Jadhav has tendered application to bring the legal heirs of deceased decree holder on record, t.o.r. and marked as Exh.H.
    Ms. Jadhav seeks time to file proper affidavit to proceed further in the matter and on her request matter adjourned to 17/09/2021.
    At the instance of Ms. Jadhav it is to place on record that on 09/08/2021, instead of name of Ms. Juhi Jadhav, advocate, name of Ms. Sonali Kadrekar has been mentioned as advocate for plaintiff.
    It be read as Ms. Juhi Jadhav advocate for plaintiff present.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Ms.Juhi Jadhav, Advocate for plaintiff present.
    Smt.Anju Rizvi w/o. Plaintiff present.
    As Court is on leave, board discharged and matter adjourned to 05/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Ms. Juhi Jadhav advocate for plaintiff present.
    Ms. Jadhav has tendered affidavit stating that the same is in support of application to bring the legal heirs of deceased decree holder on record, tendered on last occasion, taken on record and marked as Exh.I.
    Ms. Jadhav has also tendered application to expedite the matter of being of senior citizen decree holder, taken on record and marked as Exh.J.
    Upon hearing Ms. Jadhav, who states that the legal heirs of decree holder are having right to sue and hence, the legal heirs of deceased decree holder are allowed to bring on record by amending the exe.application accordingly.
    Amendment be carried out within 14 days and thereafter notice of amended proceedings be served upon the defendant, returnable on 15/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: As Court is on leave, board discharged and matter adjourned to 04/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Ms. Juhi Jadhav advocate for plaintiff present.
    Shri Nimish Gawali inter present on behalf of defendant advocate.
    Ms. Jadhav has tendered affidavit of service of amended Exe.Applicatoin upon the Judgment Debtor, t.o.r., marked as Exh-K.
    Ms.Jadhav also tendered Affidavit of service in respect of private service by RPAD upon garnishee, enclosing therewith the three packets returned with postal remark LEFT, t.o.r., marked as Exh-L.
    Ms.Jadhav tendered application for amendment in respect of address of Garnishee and for issue of warrant on said address after amendment, t.o..r, marked as Exh-M.
    Upon hearing Ms.Jadhav, amendment application allowed.
    Amendment be carried out as per rules and thereafter, fresh warrant u/o.XXI, Rule 48 with amended address of Garnishee, be issued returnable on 29/01/2022.
    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 15/02/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Parties and advocate absent adjourned to 23/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Ms. Juhi Jadhav, advocate for plaintiff present.
    Ms. Jadhav has tendered original Notice duly served upon defendant alongwith bailiff report to that effect, t.o.r and marked as Exh.N.
    On request of Ms. Jadhav, matter adjourned to 23/03/2022, for taking further steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: parties and advocate absent adjourned to 25/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Ms. Juhi Jadhav Advocate for plaintiff present.
    On request of Ms. Jadhav, for taking steps against garnishee, adjourned to 02/05/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Ms. Juhi Jadhav, Advocate for plaintiff present.
    Ms. Jadhav prays for issue of Garnishee notice and in support thereof she has tendered affidavit of plaintiff, t.o.r marked as Exh.O.
    Upon hearing Ms. Jadhav, and upon perusing affidavit, issue Garnishee Notice as prayed for returnable before the Honourable Court, as may be assigned, on 27/06/2022.
    Matter be sent to Exe.Department, for assignment to Honourable Court and for issue of Garnishee Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. S.V. Vora for Plaintiff present.
    Adv. Shashikala Sharma for defendant present.
    Matter kept for necessary order on next date.
    Adjd to 10/08/2022 for Necessary Order
    Next Purpose: ORDER
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Matter pertains to C.R.No.15
    Adv. Juhi Jadhav for plaintiff/DH resent.
    None present for defendant/JD.
    On the oral request by Ld. Adv. for plaintiff/DH time extended to serve garnishee.
    Matter Adjd for report on 14/09/2022.
    Next Purpose: REPORT
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: As court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: As court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: As court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv.Jadhav present for plaintiff.
    Adv. Vritee Soni present for defendant.
    Matter stands adjourned for Order on 05-07-2023.
    Next Purpose: ORDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None for DH.
    Adv. Vritee Ssoni for JD present.
    Matter stands adjourned to 13/07/2023 for Order.
    L.O. at 1.45 p.m.
    Adv. Julie P. Jadhav for DH present.
    Matter already stands adjourned to 13/07/2023 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: Adv.Juhi Jadhav present for plaintiff.
    Defendant present in person and her Advocate is absent.
    Matter stands adjourned for argument on 02-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: None present.
    KB
    L.O. at 3.00 pm.
    Adv.Juhi Jadhav present for DH.
    Adv.Vritee present for JD.
    Matter stands adjourned for argument on 25-09-2023 at 2.45 pm.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: None present.
    KB.
    L.O. at 3.10 pm.
    Adv. Juhi Jadhav present for DH.
    JD present in person.
    Matter stands adjourned for hearing on 18-10-2023.
    Next Purpose: HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: None present.
    KB.
    L.O. at 12.40 pm.
    Adv.Juhi Jadhav present for DH.
    None present for JD.
    KB.
    L.O. at 4.00.
    Adv.Juhi Jadhav present for DH, tendered application for warrant TOR marked as Exh.2. O- Issue warrant under Order 21 Rule 43 of CPC.
    Matter stands adjourned for compliance on 09-02-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: Judgment debtor in person present.
    None present for Decree Holder.
    Matter stands adjourned to 23.04.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: None present for Decree Holder.
    Judgment Debtor alongwith Adv. Shweta Marathe present, tendered VP TOR marked as Exh.3.
    Matter stands adjourned for Steps on 03-08-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: None present for Decree Holder.
    Adv. Shweta Marathe present for Judgment Debtor.
    Matter stands adjourned for Steps on 05-10-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: None present for Decree Holder.
    Adv. Shweta Marathe for Judgment Debtor.
    Matter stands adjourned for steps on 30-11-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: P.O. deput conference mediation at pune, hence, matter is adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-12-2024
    
    Date: 16-12-2024
    Business: By praecipe Exh.04.
    NOB-TOB.
    Adv. Juhi Jadhav present for Decree Holder, tendered application for withdrawal of amount of Rs.52,200/- TOR marked as Exh.05.
    She submitted that the matter is settled out of court and after the withdrawal of above amount and parties to will submit their consent terms before Honble Bombay High Court.
    Adv. Shweta Marathe present for Judgment Debtor, tendered reply on the overleaf of Exh.05. She submitted that she has no objection for allowing to Decree Holder to withdraw the amount.
    Considering the rival submission the Decree Holder is permitted to withdraw the amount of Rs.52200/-, sheriff office office to pay the amount Rs.52200/- to Decree Holder.
    Matter is already adjourned to 04-01-2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: As court is vacant, adjd to matter
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: As court is vacant Board and adjourned to 15.03.2025
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: Mr. Sayed Anwar Rizvi Vs Mrs. Sonali Hemant Kadrekar
    Adv Pushpa Goswami present.
    She stated that she has returned the brief to the Decree Holder.
    Judgment Debtor side called, but absent.
    Parties to take appropriate steps, by next date.
    Else, put for order, against defaulting parties.
    Matter is adjourn to 05-7-2025 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
    Adv. Pushpa Goswami for Decree Holder present.
    None present for JD.
    Matter stands adjourned to 22.08.2025 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: P. O. is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: As the presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: None present.
    Kept back.
    Later on at 3.00 pm.
    None present.
    Decree Holder and advocate are absent. Matter is kept for dismissal. On perusal of roznama dated 16-12-2024. It is evident that the advocate for Decree Holder had submitted that matter is settled out of court and she made an application for withdrawal of amount of Rs.52,200/- deposited in the court by Judgment Debtor vide Exh.05. Application was allowed. Thereafter nobody is appearing in the matter. The advocate for Decree Holder on 05-04-2025 submitted that she has returned the brief to the Decree Holder. Today Decree Holder and advocate are absent. No steps taken. Application at Exh.05, it is stated that after withdrawal of Rs. 52,200/-, the present matter will be withdrawn. Decree Holder and advocate no steps taken. Considering all the aforesaid facts decree has been satisfied. Therefore, Decree Holder is not remain present before Court. Matter is for dismissal since last two to three days. Hence, Matter is I pass the following order-
    Order
    1. E.A. No.290/2019 is disposed of as dismissed.
    2. Proceeding is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108387/2019
    Filing Date: 05-08-2019
    First Hearing Date: 21st August 2019
    Decision Date: 17th November 2025
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Nov 2025

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE Case No. :EXECUTION APPLN/0100290/2019 Mr. Sayed Anwar Rizvi Vs Mrs. Sonali Hemant Kadrekar Date : 17-11-2025 Business : None present. Kept back. Later on at 3.00 pm. None present. Decree Holder and advocate are absent. Matter is kept for dismissal. On perusal of roznama dated 16-12-2024. It is evident that the advocate for Decree Holder had submitted that matter is settled out of…

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