Vaibhav Apartment Co-Op. Housing Society Ltd.VsDr. Narendra R. Gaikwad and Other

Date: 29-08-2019
Business: Ms. Smita Jagtap, advocate for the Plaintiff present. On request of Ms. Jagtap issue notice u/o.XXI Rule 22 of CPC, returnable on 07/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Ms. Rohini Sorte, advocate for the Plaintiff present. Plaintiff present. Shri. M.I. Charolia, advocate for the defendant no.1 and 2 present. Shri. Dhumale, advocate for the BMC present. Shri. Vaibhav Gandhi, Assistant Engineer of BMC present. Exe.application marked as Exh-A(Colly). Ms. Sorte has tendered original notice, proving service against defendant no. 1, 2 and 4, taken on record and marked as Exh-B. Shri. Charolia has tendered the Vakalatnama for the defendant no.1 and 2, taken on record and marked as Exh_C. Advocate for  defendant no. 1,2 and the advocate for the BMC seeks time to file reply, and by consent, adjd to 09/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Shri. Firoze Shaikh, advocate for the plaintiff present. Plaintiff present.
Shri. Sachin Talekar, advocate for the defendant no.1 and 2 present.
Shri. Prashant Jawale, officer of the BMC present.
Shri. Talekar, advocate for the defendant no 1 and 2 and Shri. Jawale, officer of the BMC seeks time to file reply and by consent, adjd to 02/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Shri. P. D. Patil, C.A. of Plaintiff present. His advocate absent.
Shri. Sachin Talekar, advocate for the defendant no. 1 and 2 present.
Shri. B.S. Sutar, advocate for the BMC present.
Shri. Prashant Jawale, officer of the BMC present.
Shri. Sutar has tendered affidavit in reply, t.o.r and marked as Exh-D.
Copy of reply has been served upon C.A. of plaintiff across the bar.
Shri. Talekar states that copy of reply filed by BMC is required to be served upon him. However, Shri. Sutar states that it is not necessary to serve the reply upon defendant no. 1 and 2. However, Shri. Talekar is at liberty to apply for Certified Copy of the reply tendered by Shri. Sutar today.
C.A. of plaintiff seeks time to file rejoinder and by consent, adjd to 31/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Advocate for plaintiff present.
Advocate for defendant no. 1 and 2 present.
Advocate Kumawat for defendant/BMC present.
Adjourned for Hearing /Reply of def. no. 1 and 2 to 20/03/2020.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: In view of office order No. 66/2020 dated 16.03.2020.
Board is Discharged.
Matter is Adjourned for Hearing to 06/05/2020.
Next Purpose: HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: HEARING
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Advocate for plaintiff present.
Advocate Dipali Patil for defendant/BMC present.
Adjd for Hearing/Reply of def no.1 and 2 to 13/01/2021.
Next Purpose: HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Court busy in hearing in Suit. no. 801/2010 and 802/2010.
Adjourned for hearing to 22/03/2021.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for hearing to 21/06/2021.
Next Purpose: HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Adjourned due to Covid-19.
Next Purpose: HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Advocate for plaintiff absent.
Advocate Smt. Patil for defendant/BMC Present.
Adjd for hearing to 04/10/2021.
Next Purpose: HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
On oral request of advocate for plaintiff is granted short Adjournment.
Adjd for Hearing to  17.11.2021
Next Purpose: HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Hearing to  28.01.2022
Next Purpose: HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for Hearing to 02.03.2022.
Next Purpose: HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Advocate for plaintiff present and filed adjournment application Marked as Exh. No. 02,  O – Granted
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for  Hearing to  17.06.2022
Next Purpose: HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Advocate for Judgment debtor No. 1 and 4 present.
Judgment Debtor No. 4 present
Judgment Debtor 3 absent.
Decree holder is absent.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Hearing to  12.10.2022
Next Purpose: HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Advocate for decree holder present.
Judgment debtor No. 1 , 2 and 3 are absent.
Advocate Smt. Deepali Patil  for defendant No.4/BMC present.
Adjd for filing reply by Judgment debtor No. 1, 2 and 3  to  09.01.2023
Next Purpose: REPLY
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Advocate Shabana Sothe for Decree holder present.
Advocate Siddharth Jadhav h/f Maaz Charolia for judgment debtor No. 1 to 4 present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Today matter is fixed for hearing. Judgment debtor No. 1 to 4 failed to file say to execution application. Hence, execution application is fixed for hearing without Reply of judgment debtor No. 1 to 4.
Adjd for Hearing  to  06.03.2023
Next Purpose: HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Advocate Shurukh Aslam  for Decree holder present.
None present for judgment debtor No. 1 to 3.
Advocate Smt. Deepali Patil for defendant No. 4/BMC present.
Adjd for Hearing to  26.06.2023
Next Purpose: HEARING
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: P.O. is on training at Uttan.
Next Purpose: HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Advocate Shurukh decree holder present and requested short adjournment. O- Granted.
Advocate Smt. Deepali Patil  present for defendant/BMC.
Advocate Siddharth Jadhav for Judgment Debtor no. 1 to 4 present.
Matter adjourned for Hearing to 28.08.2023.
Next Purpose: HEARING
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Advocate Rohit Kevat present for plaintiff and sought adjournment. O- Granted.
Advocate Deepali Patil present for defendant/BMC.
None present for J. D. / Defendant no. 1 to  3.
Matter adjourned for Hearing to 06/11/23.
Next Purpose: HEARING
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Advocate Aliya Sothe h/f. Advocate Shabana Sothe for decree holder present and sought adjournment. O- Granted..
Advocate Siddharth Verma  h/f. Advocate Maaz Charolia for Judgment debtor present.
Matter adjourned for hearing to 22/1/24.
Next Purpose: HEARING
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Advocate Rupesh Chavan  for decree holder present.
None present for JD.
Advocate Deepali Patil  present for defendant/BMC.
Matter adjourned for hearing to 08.04.2024.
Next Purpose: HEARING
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: Advocate Rupesh Chavan present for decree holder present and sought adjournment. O- Granted.
None present for JD.
Advocate Meena Dhuri present for defendant/BMC.
Later on 12.55 p.m.
Adv. Siddharth Varma for J.D. 1 to 4 present.
Matter adjourned for hearing to 01.07.2024.
Next Purpose: HEARING
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Advocate S Mohd. Aslam present for Decree holder.
Advocate Sutar/ Adv. Amar Patil present for defendant/BMC.
Adv. Siddharth Varma h/f Adv. Maaz Charolia for JD no. 1 to 3.
In spite of availing sufficient opportunities JD fails to advance argument.
Upon query Ld. Advocate of JD no. 1 to 3, he is having no instructions and aware about the execution.
Ld. advocate for DH also submitted that she has no instructions.  This execution is pertaining to mandatory injunction for considering approved plain as mention in decree by defendant no. 4. Considering the decree, both parties are directed to remain present on next and proceed further, else keep for necessary order.
Matter adjourned for hearing to 02.08.2024.
Next Purpose: HEARING
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Advocate Rupesh Chavan for decree holder present.
Advocate Bibhishan Sutar present for defendant/BMC.
Adv. Siddharth Varma for JD no. 1 to 3 present.
Plaintiff to take necessary steps.
Matter adjourned for steps to 06.11.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Advocate Shabana Sothe present for DH.
Advocate Bibhishan Sutar present for defendant/BMC.
None present for J.D. No. 1 and 2.
As per bailiff report dated 01.10.2019 notice is duly served on J. D. No. 1, 2 and 4.
DH is directed to serve notice on J.D. No. 3.
Matter adjourned for steps/ compliance to 27.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Adv. Shobana F. Sothe present for decree holder.
Advocate Amar Patil present for defendant/BMC.
Issue notice of JD No.3 through court Bailiff
Matter adjourned for compliance to 21.04.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: Advocate Shabana Sothe present for DH and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for awaiting report of court bailiff to 09.06.2025.
Next Purpose: REPORT
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Advocate Shobhana Sothe present for DH.
Advocate Bibhishan Sutar present for defendant/BMC.
KB
Later on at 12.30 pm
Advocate Shobhana Sothe present for DH and filed bailiff report. TOR. O - Seen. She also filed application for substitute service          U/o. V Rule 20 of CPC. TOR and marked as Exh. 3.
Order on Exh. 3
Issue notice to JD no. 3 U/o. 5, Rule 20 by pasting.
Advocate Bibhishan Sutar present for defendant/BMC
Matter adjourned for service of summons/compliance to 28.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: None present for DH.
Advocate Bibhishan Sutar  present for defendant/BMC.
Advocate Siddharth Varma h/f Adv. Maaz Charolia present for JD no. 1 to 3.
Matter adjourned for hearing to 03.10.2025.
Next Purpose: HEARING
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Advocate Siddharth Varma h/f Advocate Maaz J present for plaintiff and seek time. Granted.
Advocate B. Sutar present for defendant/BMC.
Advocate Rupesh Chavan for Decree holder present.
The record showed that this execution is pending since 2019 however the DH has not taken any effective steps. At the hence of justice last chance is granted. The DH is directed to take necessary steps otherwise execution petition will be dismissed for want of prosecution.
Matter adjourned for steps to 27/10/2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: Adv. Shabana Sothe present for DH and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for taking steps to 24.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: Advocate Rupesh Chavan present for DH and seeks time to file application u/order 5, rule 20 for substitution of summons to JD. O - Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for taking steps to 01.12.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: COURT IS ON LEAVE.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Advocate Aaliya Sothe present for the DH and seeks time for taking steps. O - Time granted.
Matter adjourned for taking steps to 09.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: Adv. Shabana Sothe for DH present and filed application for substitute mode of service through newspaper publication under order V, Rule 20 of CPC. TOR and marked as Exhibit 4.  O- Allowed as prayed in para (a).
Advocate Amar Patil present for defendant/BMC.
Advocate Siddharth Varma h/f Adv. Maaz Charolie present for the JD.
Matter adjourned for service affidavit to 20.04.2026.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: Advocate Arya Sothe present for the DH and seeks time for extension of orders passed on Exhibit 4. O - Time extended.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for service to 17.08.2026.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2026

Date: 17-08-2026
Business: Advocate Rohit Kewat h/f Adv. Shabana Sothe present for the DH and filed affidavit of service. TOR and marked as Exhibit 5. O - Seen.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for hearing to 21.09.2026.
Next Purpose: HEARING
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: Advocate Anisa Shah h/f Adv. Shabana Sothe present for the DH and seeks time. O - Time granted.
Advocate Rohit Gaikwad present for defendant/BMC.
Adv. Siddharth Varma h/f Adv. Maaz Charolia for JD present.
Matter adjourned for hearing to 27.10.2026
Next Purpose: HEARING
Next Hearing Date: 27-10-2026

Main Case No: SUIT/0105961/1999
Main Cnr: MHCC010065381999
Main Filing No: 111447

Registration Number: 100303/2019
Transfer Date: 09-01-2020
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 6 - COURT 06  ADDL. SESSIONS JUDGE

Filing Number: 109065/2019
Filing Date: 19-08-2019
First Hearing Date: 29th August 2019
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE