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EXECUTION APPLN

Shiv Pratap Sahakari Patpedhi Maryadit Case No. CC/I/99/2018VsMr. Rohidas Balkrushna Hate and Ors.

CNR MHCC01008710201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 01st July 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100313/2019
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.02 present. Shri. Salunkhe seeks time to file affidavit of service and Opponent no.02 seeks time to file reply. Hence, by consent, adjd to 07/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Shri. S.P. Salunkhe, advocate for the Plaintiff present. Shri. Salunkhe has tendered affidavit of service, proving service against opponent no.1 and 2, taken on record and marked as Exh-C. Shri. Salunkhe prays for issue of warrant u/o.XXI Rule 48 of CPC, against the opponent no.01 and 02, by making the notice absolute, as the opponent no.1 and 2, though served neither appeared nor filed any reply. Shri. Salunkhe further states that presently, he is reserving right to proceed against opponent no.03, who has not been served. Hence, upon perusing the affidavit of service, notice against the opponent no.1 and 2 is hereby made absolute and issue warrants against them as prayed for, returnable on 08/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Shri. S.P. Salunkhe, advocate for the plaintiff present.
    Shri. Salunkhe has tendered original warrant u/o.XXI Rule 48 of CPC, issued against the opponent no.01 and the original warrant u/o.XXI Rule 48 of CPC, against the opponent no.02 alongwith service report endorsed thereon, t.o.r. and marked as Exh-D and E respectively.
    On request of Shri. Salunkhe, for taking instructions in respect of amount received by the Sheriff office, 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 Salunkhe advocate for Disputant present.
    Shri Salunkhe has tendered application for substitute service by way of pasting against opponent No.3, t.o.r. and marked as Exh.F.
    Application allowed, fresh notice against opponent No.3, to be served by way of pasting, made 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 substitute service by way of pasting upon opponent No.3, t.o.r and marked as Exh.G.
    Substitute service has already been allowed vide order dated 20/02/2021, advocate for disputant to take steps to comply with the same matter adjourned for comply to 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.
    Shri Salunkhe has tendered service affidavit in respect of service against opponent No.3, by way of pasting t.o.r and marked as Exh.H.
    On request of Shri Salunkhe, for taking further steps matter adjourned 09/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Shri. S.P. Salunkhe , Advocate for Plaintiff present.
    Shri Salunkhe prays for issue of warrant u/o.XXI, Rule 43 and 48 of CPC, against opponent No.3, as the opponent No.3 though served neither appeared nor filled any reply.
    Hence, upon perusing affidavit service notice issued against opponent No.3 is hereby made absolute and issue warrants as prayed for returnable on 15/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Parties and advocate absent adjourned to 30/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Shri S.P.Salunkhe, Advocate for plaintiff present.
    On request of Shri Salunkhe, adjourned to 30/06/2022 for compliance of order dated 09/12/2021 in respect of issuance of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Shri S.P. Salunkhe, advocate for plaintiff present.
    Shri Salunkhe tendered application for issue warrant against Opponent No.1 U/o.XXI, Rule 48 and for extension of time for the warrant issued against Opponent No.3, t.o.r. marked as Exh-I.
    Upon hearing Shri Salunkhe issue warrant against Opponent No.1 U/o.XXI, Rule 48 of CPC, returnable on 06/09/2022 and the returnable date of warrant issued against Opponent N0.3 is extended till then.
    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-J.
    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.K.
    Shri Salunkhe has also tendered affidavit in respect of service of warrant U/o.XXI, Rule 48 of CPC, against salary of opponent No.3, t.o.r and marked as Exh.L.
    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 Tilak Nagar 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.M.
    Shri Salunkhe has also tendered inventory bearing No. RRY/BCCW/483/2022/1281/2022 dated 28/11/2022, t.o.r and marked as Exh.N.
    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/483/2022/1281/2022 dated 28/11/2022, received in this office vide Inward No.15157 dated 20.12.2022 t.o.r and marked as Exh.O.
    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-P.
    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)
    As court is busy hearing of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Matter is adj to 30/04/2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: PO IS ON TRAINING.
    Next Purpose: HEARING
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.S.P. Salunkhe for DH/plaintiff present.  He filed application for withdrawal the EA No.313/2019 marked as Exhibit-3.  Order-DH representative  Devidas alongwith advocate present and wants to withdraw E.A as decree is fully satisfied.  Hence pursis is read and recorded.
    None for JD/defendant.
    ORDER
    In view of pursis Exhibit-3 EA No.313 of 2019 is disposed of as fully satisfied.
    Nature Of Disposal: OTHER
    Disposal Date: 01-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109226/2019
    Filing Date: 21-08-2019
    First Hearing Date: 29th August 2019
    Decision Date: 01st July 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2024
    Order Details: Other
    Pdf Text: 26
    01/07/2024
    EA 313/19
    Exh-3
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Adv.S.P. Salunkhe for DH/plaintiff present. He filed application for
    withdrawal the EA No.313/2019 marked as Exhibit-3. Order-DH
    representative Devidas alongwith advocate present and wants to
    withdraw E.A as decree is fully satisfied. Hence pursis is read and
    recorded.
    None for JD/defendant.
    ORDER
    In view of pursis Exhibit-3 EA No.313 of 2019 is disposed of as fully
    satisfied.
    Judge
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