EXECUTION APPLN
Mr. Anthony Derek RebelloVsMr. Andrew Ignatius
CNR MHCC01009078201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 08th January 2026
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100321/2019
- Registration Date
- 26 Aug 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 11-09-2019
Business: Shri. Shivaji Yadav, advocate for the Plaintiff present. As the matte is for issue of warrant of possession, on request of Shri. Yadav, issue show cause notice against the defendnat, to show cause as to why warrant of possession shall not be issued, returnable on 04/10/2019. On request of Shri. Yadav, short service by Humdust/RPAD is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Shri. Shivaji P. Yadav Advocate for Plaintiff present. Shri. Santosh Vishwakarma Advocate for Defendant present. Exe application marked as Exh-A (colly). Shri. Yadav has tendered precipitated 04/10/2019 annexing therewith original acknowledgment card duly signed by the defendant, taken on record and marked as Exh-B. Copy of exe application has been served upon advocate for defendant across the bar by the advocate for plaintiff. Shri Vishwakarma tendered vakalatnam for defendant taken on record and marked as Exh-C. Shri Vishwakarma seeks time to file reply and by consent adjd to 21/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: 21/10/2019 being declared as holiday being polling day of general legislative assembly election, adjourned to 22/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Matter was on board on 21/10/2019 and it being declared as holiday being polling day of general legislative assembly election, taken on board today. Shri. Santosh Vishwakarma, advocate for the defendant present. Defendant present. Shri. Vishwakarma has tendered the reply of the defendant, taken on record and marked as Exh.D. For rejoinder of plaintiff, if any, adjd to 27/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Shri. Shivaji Yadav, advocate for the plaintiff present.
Shri. Santosh Vishwakarma, advocate for the defendant present.
Copy of reply has been served upon the advocate for the plaintiff across the bar.
Advocate for the defendant states that defendant has preferred Appeal in the Honourable High Court and therefore seeks longer adjournment.
However, advocate for the plaintiff, submits that the matter has become contested upon filing reply by the defendant and therefore, states that the matter may be referred to the Honourable Court No.07.
Hence, on request of Shri. Yadav, the matter is submitted to the Honourable Court No.07 on 16/12/2019. Office to take steps to assign the matter to the Honourable Court No.07. Parties and Advocates to appear before the Honourable Court No.07 on 16/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Court is busy in recording evidence in suit no.7793/00 and suit no.6329/04, hence case is adjourned to 28/01/2020.
Next Purpose: HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: P.O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Advocate Mr. Shivaji Yadav for applicant present.
None present for Defendant/JD.
This matter is referred by Registrar as it has become contested. Defendant\''s advocate has submitted before Registrar that appeal is preferred against the Judgment passed by this court, however no stay order is produced for staying execution proceeding hence Defendant is directed to produce stay order so that EA can be stayed. It is made clear that, if on next date, Defendant will not produce stay order from appellate court, court will be compelled to take further steps for passing appropriate orders for issuing possession warrant.
Case is adjourned to 18/04/2020 for Compliance.
L.O.
Advocate Santosh Vishwakarma for Defendant present and filed an application for producing the computerized copy of order dated 27/01/2020 and copy of order dated 18/02/2020 passed by Hon\''ble High Court in first appeal no.3055/19 showing that the first appeal is fixed for hearing of admission on 16/03/2020 and till then ad interim relief granted by Hon\''ble High Court is continued. O-Production of documents allowed.
Case is already adjourned to 18/04/2020.
Next Purpose: HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lock down
Next Purpose: HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 09/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Ms. Pervi for DH present and seeks time to file reply to Ch/s.
None present for the applicant in Ch/s No.40/2021 hence, time to file reply is granted.
Adjd for Ch/s reply to 30.03.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv. Santosh Vishwakarma for Defendant present.
Matter is on the afternoon board hence, KB.
LO at 3.30 pm.
None appeared for the plaintiff.
Adjourned for reply to 16.06.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff and defendant.
Adv Mr. Shivaji Yadav for applicant present and filed reply in Ch/s No.40/2021 taken out by the defendant.
As nobody is present for the plff and deft, considering the present pandemic condition, matter is adjd. for ch/s hearing to
Matter is adjd. for ch/s hearing to 05.08.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for DH and JD.
Adv Mr. Santosh Vishwakarma for applicant in Ch/s present and mentioned the matter in the morning session for seeking adjournment.
Matter is on the board of afternoon session hence kept back.
L.O. at 3.25 p.m.
None appeared for the DH and JD.
As nobody is present for DH, matter is adjd. for Ch/s hearing to 23.09.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv Santosh Vishwakarma for respondent present and submitted that stay order is continued by Honble High Court.
Shivaji Yadav for applicant present.
By consent, matter adjourned for Chamber Summons hearing to 10.11.2021.
Judge
Next Purpose: C/S HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None present for both parties.
It is recorded in roznama dt.23.09.2021 that stay order is continued by Honble High Court.
AS nobody is present for both parties, matter is adjd. for Ch/s hearing on next date.
Matter is adjd. for Ch/s hearing to 13.07.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: None present for plaintiff.
Adv.Shivaji Yadav for applicant present.
Read the roznama dated 23.09.2021, adv.Santosh Vishwakarma for respondent made statement regarding stay of Honble High Court. No record is produced to that effect. Hence, respondent to produce the copy of said order if any.
Matter adjd to 18.08.2022 for hearing of ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv.Shivaji Yadav for applicant present.
Adv.Santosh Vishwakarma for respondent present. He requested time to file the relevant documents regarding stay.
Matter adjd to 06.10.2022 for hearing of ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv.Shivaji Yadav for applicant present.
Adv.Santosh Vishwakarma for defendant present and filed list of documents alongwith affidavit t.o.r.
Copy is received by the plaintiff with endorsement.
Matter adjd to 08.12.2011 for say on Exh.
Next Purpose: REPLY
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Disha Chaurasiya for plaintiff present.
At the oral request of plaintiff.
Matter adj. to 31-01-2023 for say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: None present for plaintiff.
Adv.Santosh Vishwakarma for defendant present.
The Adv.for defendants submits that stay is continued, hence, matter adjd to 27.03.2023 for say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv.Santosh Vishwakarma for applicant present.
Adv.Shivaji Yadav for respondent present.
Heard both the sides in chamber summons No.40/2021.
Matter adjd to 26.04.2023 for order in ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Santosh Vishwakarma for judgment debtor present.
Adv. Shivaji Yadav for applicant in Chs. No.40/2021.
Kept back.
Later on called out at 4.03 p.m.
When the matter was called in the beginning, parties submitted that chamber summons is for order. Read the roznama dated 27.03.2023, there was submission regarding stay. Hence, parties to make submission regarding present status of stay.
Matter adj. to 09.06.2023 for Order in Chs.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: None for plaintiff
Adv. Santosh Vishwakarma for defendant present.
Matter is adjd.to 17-08-2023 for Hrg on C/S
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Court is on leave.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: matter adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: I
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Court is on leave.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: I
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Divya Vishwanath for applicant present.
Adv. Santosh for defendant present.
Matter is adjourned to 23-01-2024 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Adv. Shivaji Yadav for plaintiff present.
Adv. Santosh Vishwakarma for defendant present.
Heard The Ld. Counsel for applicant in C/S .
Heard both The Ld. Counsel in C/S No. 40/21.
Matter is adjourned to 03-02-2024 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Adv. Aditya Mandavkar for D.H. present.
None for J.D.
Matter is adjourned to 23-02-2024 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv. Aditya Mandavkar for D.H. present.
None for J.D.
Matter is adjourned to 04-03-2024 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: I
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: I
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Adv. Aditya Mandavkar for plaintiff present.
None for defendant
kb LO
Matter is adjourned to 18-04-2024 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 07-05-2024 for C/S Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv. Aditya Mandavkar for D. H. present.
None for J. D.
kb for order LO
F. R.S.R. following order passed -
ORDER
1. Chamber Summons No. 40 of 2021 stands allowed in terms of prayer clause (a) and (b).
2. The plaintiff/D.H. shall substitute the deceased defendant/J.D. Mr. Andrew Ignatius by the applicant in the present execution proceeding.
3. Chamber Summons No. 40 of 2021 disposed off accordingly.
Matter is adjourned to 14-06-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Adv. Aditya Mandaokar for D.H. present.
None for J.D.
Today the matter is for compliance of order dtd. 07-05-2024 passed in C/S No. 40/21 but on behalf of D.H. oral request made for carring out the amendment it is accepted.
Matter is adjourned to 23-07-2024 for compliance
LO 11.55 AM
Adv. Santosh Vishwakarma for J.D. present.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Aditya Madavkar for DH present.
Adv.Santosh Vishwakarma for JD present.
In view of roznama dated 26/04/2023 parties are directed to clear the position about the stay of the matter by Hon’ble High Court.
Matter is adjourned to 08/10/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: None for DH.
Adv. Santosh Vishwakarma for JD.
Matter is adjourned to 19.11.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 22.01.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: None for DH.
None for defendant.
Later on at 1.17 pm
Adv. Santosh Vishwakarma for JD present.
Matter is adjourned to 13.03.2025 for order against DH.
Next Purpose: ORDER
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: None present for plaintiff.
None present for defendant.
Later on 11.15 am.
Adv. Shivaji Yadav for applicant present and he has submitted that respondent son has filed appeal against ex-party decree before Honble High court has granted status-quo.
Adv. Vishwakarma for JD present.
Matter is adjourned for 26-06-2025 to Compliance by applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: Adv. Aditya Mandavkar for DH present and filed amended plaint copy of execution application. It is taken on record.
Adv. Santosh Vishwakarma for JD present.
Matter is stayed by Hon’ble High Court.
The advocate for the decree holder to file the correct stage of appeal and status of the case in the Hon’ble High Court.
Adv. for the DH directed to serve amended plaint copy of execution application upon JD.
Matter is adjourned to 28.10.2025 for steps by DH.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: None for JD.
None for DH.
Matter is adjourned to 03.12.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2025
Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Shivaji Yadav for Applicant present and filed the status of the matter in the Hon’ble High Court in 1st Appeal No. 404 of 2021.
None for respondent.
Matter is adjourned to 08.01.2026 for taking steps.
Later on at 12.40 pm
Adv. Santosh Vishwakarma for judgment debtor present.
Matter is adjourned to 08.01.2026 for taking steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2026
Date: 08-01-2026
Business: Adv. Shivaji Yadav for Decree Holder present.
None for defendant.
The Ld. Advocate for decree holder orally submitted that the order dated 08/12/2025 passed by Hon’ble Bombay High Court, has not been complied by the judgment debtor and the legal heirs of original decree holder got the possession of the suit premises therefore, execution is fully satisfied. O- As execution is fully satisfied therefore, the proceedings are disposed of R&P be sent to record room.
Nature Of Disposal: OTHER
Disposal Date: 08-01-2026Additional Case Details
Additional Case Details
Filing Number: 109390/2019 Filing Date: 26-08-2019 First Hearing Date: 11th September 2019 Decision Date: 08th January 2026 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 108 Jan 2026
08 Jan 2026
Order Details: Other Pdf Text: 08.01.2026 CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62) Sr. No.17 EA 321/2019 (SU.331/2015) Adv. Shivaji Yadav for Decree Holder present. None for defendant. The Ld. Advocate for decree holder orally submitted that the order dated 08/12/2025 passed by Hon’ble Bombay High Court, has not been complied by the judgment debtor and the legal heirs of original decree holder got the possession of the suit premises therefore, execution is fully satisfied. O- As execution is fully satisfied therefore, the proceedings are disposed of R&P be sent to record room. Judge -- 1 of 1 --
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