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EXECUTION APPLN

Shiv Pratap Sahakari Patepedhi Maryadit Dispute No CC/I/96/2018VsMr. Rajesh Suryakant Worlikar and Ors.

CNR MHCC01008699201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 03rd March 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100311/2019
Registration Date
21 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: 29-08-2019
    Business: Shri. S.P. Salunkhe, advocate for the disputant present. Exe.application marked as Exh.-A. First date in the matter is preponed to today, in view of application filed by Shri. Salunkhe, marked as Exh.-B. On request of Shri. Salunkhe, issue notice u/o.XXI Rule 22 of CPC, returnable on 30/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Shri. S.P. Salunkhe, advocate for the Disputant present. Opponent No.01 present. Opponent states that, he has no objection for issue of warrant u/o.XXI Rule 48 of CPC, against his salary. Hence, Shri. Salunkhe prays for issue of warrant u/o.XXI Rule 48 of CPC, against the salary of opponent no.01 and seeks time to file affidavit of service. In view of this, issue warrant u/o.XXI Rule 48 of CPC, against the opponent no.01 returnable on 06/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Shri. S.P. Salunkhe, advocate for the plaintiff present.
    Shri. Salunkhe has tendered original warrant u/o.XXI Rule 43 of CPC, issued against salary of the opponent no.01 alongwith service report endorsed thereon, t.o.r. and marked as Exh-C.
    Shri. Salunkhe states that deduction from the salary of the opponent no.01 has not yet started and hence, on request of Shri. Salunkhe, adjd to 17/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Shri. S. P. Salunkhe, Advocate for plaintiff present.
    On request of Shri Salunkhe for taking further steps adjd to 08/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Parties and advocate are absent adjourned to 20/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Shri S.P. Salunkhe advocate for Disputant present.
    Shri Salunkhe has tendered affidavit of service proving service against all the defendants t.o.r. and marked as Exh.D.
    Shri Salunkhe states that salary attachment against opponent No.1 could not be executed and therefore press for issue of warrant u/o.XXI, Rule 43 of CPC as prayed for in the exe.application.
    Opponent No.1 is absent on call, though served, hence, issue warrant  u/o.XXI, Rule 43 of CPC against opponent No.1, returnable on 25/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 30/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Shri S.P.Salunkhe, Advocate for plaintiff present.
    On request of Shri Salunkhe, for taking instructions  adjourned to 22/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Shri S.P. Salunkhe advocate for disputant present.
    Shri Salunkhe has tendered application for issue warrant against opponent No.1, u/o. XXI, Rule 43, of CPC and issue warrant against opponent No.3 u/o. XXI, Rule 43, of CPC t.o.r and marked as Exh.E
    Record shows that warrant u/o. XXI, Rule 43, of CPC against opponent No.1, has already been ordered to be issued on 20/02/2021.
    Advocate for decree holder to takes steps to comply with the same and also issue warrant of u/o. XXI, rule 43, of CPC against opponent no.3 returnable on 25/11/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Shri S.P. Salunkhe, advocate for plaintiff present.
    On request of Shri Salunkhe matter adjourned to 08/02/2022, for compliance of order dated 22/09/2021, in respect of issuance of warrants u/o.XXI, Rule 43 of CPC, against opponent Nos. 1 and 3.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 29/04/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Shri S.P. Salunkhe, Advocate for plaintiff present.
    None for defendant.
    On request of Shri Salunkhe matter adjourned to 15/07/2022, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: As court is on leave, board discharged and adjourned to 06/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Shri S.P. Salunkhe, advocate  for plaintiff present.
    Shri Salunkhe tendered application for extension period of warrant against Opponent No.1 U/o.XXI, Rule 43 of CPC, t.o.r. marked as Exh-F.
    Upon hearing Shri Salunkhe, matter adjourned to 19/10/2022, by extending the returnable date of warrant as prayed for.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Shri S.P. Salunkhe, advocate for disputant present.
    Shri Salunkhe, has tendered application to get police protection and extension of period in respect of warrant of attachment U/o.XXI, Rule 43 of CPC issued against opponent No.1 t.o.r and marked as Exh.G.
    Upon hearing Shri Salunkhe, application for police protection and extension of time, is allowed.
    Office to issue appropriate letter to the Senior Inspector of Police Trombay/Mandala Police Station, Mumbai.
    Awaiting report of execution of warrant matter adjourned to 28/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: ShriS.P. Salunkhe, advocate for disputant present.
    Shri Salunkhe, seeks adjournment to file report of execution of warrant stating that the warrant has been executed recently.
    Hence, on request of Shri Salunkhe, matter adjourned to 21/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Shri S.P. Salunkhe advocate for plaintiff present.
    Shri Salunkhe has tendered original warrant U/o.XXI, Rule 43 of CPC with bailiff report pasted thereon t.o.r and marked as Exh.H.
    Shri Salunkhe has also tendered inventory bearing No.RRY/BCCW/482/2022/1280/2022 dated 28/11/2022, t.o.r and marked as Exh.I.
    On request of Shri Salunkhe for taking further steps for issue of warrant of sale matter adjourned to 24/01/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Shri S.P. Salunkhe advocate for Disputant present.
    Inventory bearing No.RRY/BCCW/482/2022/1280/2022 dated 28/11/2022, received in this office vide Inward No.15158 dated 20.12.2022 t.o.r and marked as Exh.J.
    Shri Salunkhe prays for issue of warrant of sale, in respect of properties under attachment and in support of the same has tendered affidavit of Disputant, t.o.r. marked as Exh-K.
    Upon hearing Shri Salunkhe and upon perusing affidavit, issue warrant of sale in respect of movable properties under attachment, returnable on 03/04/2023, before the Honourable Court, as may be assigned
    Office to take necessary steps.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv. Varsha Salunkhe and Adv. Sejal Tambe I/b Adv. Salunkhe for plaintiff present.
    Matter is adjd on 03-07-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy passing the order in other matter hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.S.P. Salunkhe for DH present.   He filed application for continuation of warrant T.O.R marked as Exh-2
    None for JD.
    Matter is adj to 04/10/2023 for hearing on Exh-2
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.S.P.Salunkhe a/w Adv.Varsha Sawant for DH/plaintiff present.
    None for JD/defendant.
    Order below exhibit.2-  Application Exh-2 is allowed till next date as prayed for.
    Matter is adj to 30/01/2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.S.P.Salunkhe for DH/plaintiff present.  He filed application for extension period of issued warrant u/o 21, Rule-64 of CPC marked as Exhibit--
    He also filed pursis for withdrawing case marked as Exhibit--
    Decree Holder to remain present on next date.
    Matter is adj to 03/03/2024 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 03-03-2024
    
    Date: 03-03-2024
    Business: 03.03.2024
    NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel-07)
    Sr. No. 22
    Ex. App.
    311/2019
    Exh. 05
    Exh. 06
    Exh. 07
    Matter pertains to C.R. No. 59
    Manager of the society - Devidas Navle for decree holder present.
    Adv. Vasha Sawant for decree holder present.
    Decree holder has filed pursis at Exh.05. for withdrawal of suit.
    Copy of aadhar card of the decree holder is annexed at Exh. 06.
    As the matter is settled and Decree holder wants to withdraw the suit, he is allowed to withdraw the execution application and award passed at Exh.07.
    Court fees be refunded as per the rule.
    Adv. Ms. Shweta Satardekar                               HHJ. Dr. G. P. Kawadikar
            Panel Member                                                        Panel Head
    Nature Of Disposal: LOKADALAT
    Disposal Date: 03-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109188/2019
    Filing Date: 21-08-2019
    First Hearing Date: 29th August 2019
    Decision Date: 03rd March 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Mar 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :Court 59 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100311/2019
    Shiv Pratap Sahakari Patepedhi Maryadit Dispute No CC/I/96/2018 Vs Mr. Rajesh
    Suryakant Worlikar and Ors.
    Date : 03-03-2024
    Business : 03.03.2024 NATIONAL LOK-ADALAT HELD ON
    03.03.2024 (Panel-07) Sr. No. 22 Ex. App. 311/2019
    Exh. 05 Exh. 06 Exh. 07 Matter pertains to C.R. No.
    59 Manager of the society - Devidas Navle for decree
    holder present. Adv. Vasha Sawant for decree holder
    present. Decree holder has filed pursis at Exh.05. for
    withdrawal of suit. Copy of aadhar card of the decree
    holder is annexed at Exh. 06. As the matter is settled
    and Decree holder wants to withdraw the suit, he is
    allowed to withdraw the execution application and
    award passed at Exh.07. Court fees be refunded as
    per the rule. Adv. Ms. Shweta Satardekar HHJ. Dr. G.
    P. Kawadikar Panel Member Panel Head
    Nature of Disposal : LOKADALAT
    Disposal Date : 03-03-2024
    Court 59 ADDL SESSIONS JUDGE
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