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EXECUTION APPLN

Fatechand Dalichand JainVsMs.Sai Sadguru Developers

CNR MHCC01008615201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100300/2019
Registration Date
13 Aug 2019
Next Hearing Date
19 Nov 2026
Case Stage
FOR TAKING STEPS

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 NOTICE

    Case History / Proceedings

    Case History
    Date: 26-08-2019
    Business: Ms. Batul, advocate for the Plaintiff present. As the exe.application is for issue of warrant of possession, on request of Ms. Batul, issue notice before execution, returnable on 26/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Parties and Advocate absent,  adjd to 11/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Parties and Advocate absent,  adjd to 23/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Ms. Batul, advocate for the plaintiff present.
    On request of Ms. Batul, for completing service, adjd to 09/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Parties and Advocate absent,  adjd to 01/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Shri. Jayesh Patel, advocate for the plaintiff presetn.
    On request of Shri. Patel, adjd to 13/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Ms. Batul, advocate for the plaintiff present.
    Exe.application marked as Exh-A(Colly).
    Ms. Batul has tendered affidavit of service, proving service against defendant, t.o.r. and marked as Exh-B.
    Ms. Batul seeks time to take further steps, for issue of warrant of possession and on her request, adjd to 28/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Ms. Batul Advocate for plaintiff present.
    Ms. Batul prays for issue of warrant of possession by making the notice absolute, as the defendant though served neither appeared nor filed any reply.
    Hence upon perusing affidavit of service and as the defendant is absent on call, issue warrant of possession as prayed for, returnable on 19/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Ms.Batul, Advocate for Plaintiff present.
    On request of Ms.Batul, adjourned to 15/06/2020, for compliance of order dated 28/02/2020, by extending the returnable date of warrant of possession.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 18-07-2020
    
    Date: 18-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Parties and advocate are absent adjourned to 25/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Parties and advocate are absent adjourned to 09/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Shri Jayesh Patel advocate for plaintiff present.
    On request of Shri Patel matter adjourned to 07/04/2021 by extending the returnable date of warrant of possession, which has been ordered to be issued vide order dated 28/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Ms. Batul advocate for plaintiff present.
    Ms. Batul has tendered application stating that she is not pressing for order XXI, Rule 36 and to issue warrant u/o. XXI, Rule 35 of CPC t.o.r and marked as Exh.C.
    Application allowed, warrant of possession  u/o. XXI, Rule 35 of CPC be issued returnable on 01/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 12/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Parties and advocate are absent adjourned to  07/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Ms. Batul advocate for plaintiff present.
    On request of Ms. Batul matter adjourned to 30/11/2021, by extending the returnable date of warrant of possession.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Ms. Batul, advocate for plaintiff present.
    On request of Ms. Batul matter adjourned to 13/12/2021, for taking instructions in respect of execution of warrant of possession.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: As Court is on leave, board discharged and matter adjourned to 11/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: In view of Office Order No.07 of 2022, matter adjourned to 22/02/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Ms. Batul, advocate for plaintiff present.
    Ms.Batul tendered application for extension of time to execute the warrant of possession, t.o.r. marked as Exh-D.
    Upon hearing Ms.Batul and upon perusing the application, time to execute Warrant of Possession is extended till 31/03/2022.
    Adjourned to 31/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Ms. Batul Babuji, advocate for plaintiff present.
    None for defendant.
    Ms. Batul,  states that warrant of possession could not be executed and to file bailiff report and to take further steps, on request of Ms. Batul, matter adjourned to 18/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Ms. Batul, advocate for plaintiff present.
    None for defendant.
    Ms. Batul has tendered original writ of possession with non execution report thereof by the bailiff attached with the warrant t.o.r and marked as Exh.E.
    Ms. Batul has also tendered application for forcible possession and for Police Assistance t.o.r and marked as Exh.F.
    Ms. Batul has also tendered for application for amendemnt in exe.application in respect of suit premises and for issue of amended warrant, t.o.r and marked as Exh.G.
    Upon hearing Ms. Batul amendment application is allowed.
    Amendment be carried out as per rules and fresh warrant u/o.XXI, Rule 35 of CPC, after amendment be issued subject to filing of fresh usual affidavit, returnable on 30/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Ms.Batul, advocate for plaintiff present.
    On request of Ms. Batul, matter adjourned to 12/07/2022, for steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Parties and advocate absent adjourned to 30/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Smt. Batul, Advocate for plaintiff present.
    None for defendant.
    Smt.Batul, seeks time to file application for amendment and on her request matter adjourned to 28/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Smt.Batul, Advocate for Plaintiff present.
    Amendment application tendered by Smt.Batul t.o.r. marked as Exh-H.
    Upon hearing Smt.Batul, amendment application allowed.
    Amendment be carried out within 14 days, after which amended warrant be issued, returnable on 18/11/2022, subject to tendering fresh affidavit by the plaitiff.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Ms. Batul, advocate for plaintiff present.
    Ms. Batul has tendered application seeking extension of time to carry out amendment on the health ground of plaintiff, t.o.r. marked as Exh-I.
    Upon hearing Ms.Batul, considering the reasons mentioned in the application, time to carry out amendment is extended by 14 days from today, after which amended warrant be issued returnable on 03/01/2023, subject to furnishing fresh affidavit by plaintiff.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Ms Batul, advocate for plaintiff present.
    On request of Ms Batul matter adjourned to 08/02/2023, by way of last chance, for submitting report of execution of warrant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Ms.Batul, Advocate for plaintiff present.
    On request of Ms.Batul awaiting report of execution of warrant U/o.XXI, Rule 35 of CPC from the Sheriff Office, adjourned to 01/03/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Ms.Batul, Advocate for plaintiff present.
    Ms.Batul seeks time to take appropriate steps, stating that the warrant of possession could not be executed.
    Hence, awaiting report of non execution of warrant of possession and for taking steps, adjourned to 24/03/2023.
    Next Purpose: REPORT
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: As Court is on leave, board discharged and matter adjourned to 06/04/2023.
    Next Purpose: REPORT
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Ms. Batul, advocate for plaintiff present.
    Original warrant U/o.XXI, Rule 35 of CPC with non execution report of bailiff annexed therewith, received from the office of Dy.Sheriff of Mumbai, t.o.r. marked as Exh-J.
    Ms.Batul submits that matter be submitted to Honourable Court, where she will will pray for orders for forcible possession, stating that application for forcible possession (Exh-F) is already on record.
    Hence, on request of Ms.Batul, matter is hereby submitted to Honourable Court, as per assignment, preferably before Court No.20, on 28/04/2023.
    Office to take steps to assign the matter to Honorable Court.
    Parties and advocates to appear before the Honourable Court, as may be assigned on 28/04/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Miss. Batul h/f Jayesh Patel for DHR  present.
    Decree holder present.
    None for JDR.
    DHR is directed to serve copy of application Exh.F on JDR.
    Matter adjourned for service  on 01.07.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: DHR present.
    Adv. Ms. Batul h/f Adv. Jayesh Patel for DHR present.
    Advocate for DHR filed service affidavit TOR and marked as Exh-K.
    Matter adjourned for hearing on 05.08.2023.
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Advocate Ms. Batul h.f. Advocate Mr. Jayesh Patel for DHR present.
    JDR and advocate absent.
    Matter adjourned for hearing on 11.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: PO is on leave in first session, hence board is discharged and matter is adjourned.
    Matter adjourned for hearing on 16.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: P.O. is  on  leave
    Next Purpose: HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Advocate Batul for DHR  present.
    JDR and advocate absent.
    Matter adjourned for hearing on 29.01.2024.
    Next Purpose: HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    Adv. Batul Babooji alongwith  plaintiff present last chance granted
    None for defendant/JD.
    Due to formation of new court and change of assignment last chance granted to both the parties for hearing.
    Matter adjourned for hearing  to 29-02-2024.
    Next Purpose: HEARING
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Court is on leave
    Next Purpose: HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul for DH/plaintiff present.
    None for defendant.
    Last chance granted to argue the matter by both.
    Matter adjourned for EA argument   to 29-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul h/f Adv. Jayesh Patel alongwith JD/ plaintiff in person present. Upon the query of the court the Ld. advocate for the DH submits that decree is for possession of premises in the building Ratanmai, were as execution petition is filed for the possession of premises in building Ratanbhai. She seeks time to take appropriate steps. O- Time granted.
    None for defendant.
    Matter adjourned for taking appropriate steps  to 20-09-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    DH/ plaintiff  alongwith his Adv. Batul is present and seeks time to take appropriate steps for amending the decree.
    None for JD/ defendant.
    Matter adjourned for taking steps to 25-11-2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: D.H. along with his Adv. Batul Babooji is present. He seeks time to file amended copy of execution application.
    None for J.D.
    Matter adjourned for filing amended copy of E.A. to 04.03.2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: DH a/w his Adv. Batul is present. She tendered amended EA. TOR. Marked as Exh-1-A. O- Read and recorded. She seeks time.
    None for JD.
    Matter adjourned for hearing to 21.04.2025.
    Next Purpose: HEARING
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: None for DH.
    None for JD.
    Matter adjourned for hearing to 19.06.2025.
    Next Purpose: HEARING
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for hearing to 13.08.2025.
    Next Purpose: HEARING
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: None for DH.
    None for JD.
    Matter adjourned for hearing to 28.10.2025.
    Later on at 11.42 a.m.
    DH a/w Adv. Batul Babooji h/f Adv. Jayesh Patel is present.
    Matter adjourned for hearing to 28.10.2025.
    Next Purpose: HEARING
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for DH. DH to take appropriate steps.
    None for JD.
    Matter adjourned for taking steps to 18.12.2025.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul Babooji h/f Adv. Jayesh Patel for plaintiff is present and sought time to take steps.
    None for JD.
    Matter adjourned for taking steps by DH to 26.02.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul Babooji h/f Adv. Jayesh Patel for DH is present.
    None for JD.
    Matter adjourned for taking steps to 02.07.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    Matter adjourned for taking steps to 05.08.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2026
    
    Date: 05-08-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul Babooji h/f Adv. Jayesh Patil for plaintiff is present and seeks time.
    None for JD.
    Matter adjourned for taking steps to 04.09.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-09-2026
    
    Date: 04-09-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Batul Babooji for DH is present  and seeks longer date to take steps.  O- Granted.
    None for JD.
    Matter adjourned for taking steps to 19.11.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 106573/2019
    Filing Date: 13-08-2019
    First Hearing Date: 26th August 2019
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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