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EXECUTION APPLN

Mrs. Naina Nandkumar RaneVsMrs. Madhura Mohan Devlekar

CNR MHCC01009084201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 11th August 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100322/2019
Registration Date
26 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: 11-09-2019
    Business: Parties and Advocate absent,  adjd to 16/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Parties and Advocate absent,  adjd to 23/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Parties and Advocate absent.  As Court is on leave, board discharged and adjd to 05/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Shri. Paresh More, Advocate for plaintiff present. Shri. More prays for issue of warrants u/o XXI Rule 43, 46 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree.Shri. More states that the properties sought to be attached are free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 08/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Shri. Paresh More, advocate for the plaintiff present.
    On request of Shri. More, returnable date of warrants is extended till 04/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Shri Paresh More Advocate for plaintiff present.
    On request of Shri More, adjourned to 20/04/2020, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Shri Paresh More Advocate for plaintiff present.
    On request of Shri More matter adjourned to 29/01/2021, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Parties and advocate are absent adjourned to 03/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Shri Paresh More advocate for plaintiff present.
    On request of Shri More matter adjourned to 31/03/2021, for compliance of order dated 05/10/2019 in respect of issuance of warrants by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Shri Paresh More advocate for plaintiff present.
    On request of Shri More matter adjourned to 03/05/2021, by extending returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 28/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 30/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Shri Paresh More advocate for plaintiff present.
    On request of Shri More matter adjourned to 30/10/2021, by extending the returnable date warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Shri Paresh More advocate for plaintiff present.
    On request of Shri More matter adjourned to 17/12/2021, by extending the returnable date of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Parties and advocate absent adjourned to 31/01/2022, for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 11/03/2022, earlier orders to continue.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Shri Paresh More, Advocate for plaintiff present.
    On request of Shri More, matter adjourned to 04/05/2022, for compliance of order dated 05/10/2019, in respect of issuance of warrants.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Shri Paresh More, advocate for  plaintiff present.
    None for defendant.
    On request of Shri More, adjourned to 05/07/2022, for compliance of order passed earlier, for issuance of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Shri Paresh More, Advocate for plaintiff present.
    Shri More states that on account of his personal difficulty, order of issuance of warrants remained to be complied with and seeks time to comply with the said order.
    Hence, on request of Shri More, adjourned to 22/08/2022 for compliance of order issuance of warrants, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Shri Paresh More, Advocate for Plaintiff present.
    On request of Shri More, matter adjourned to 30/09/2022, by extending the returnable date of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: Shri Paresh More, Advocate for plaintiff present.
    On request of Shri More, awaiting report of execution of warrants of attachment, adjourned to 15/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: Shri Paresh More, Advocate for Plaintiff present.
    Shri More states that warrant of attachment have been executed and awaiting bailiff report, on request of Shri More, adjourned to 24/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Shri Paresh More, Advocate for Plaintiff present.
    Shri More states that warrant of attachment have been executed and awaiting bailiff report and Sheriff Certificate, on request of Shri More, adjourned to 05/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Shri Paresh More, advocate for plaintiff present.
    Exe.application marked as Exh.A(Colly.).
    Shri More, tendered original warrants U/o.XXI Rule 43 and 54 of CPC with bailiff report pasted thereon t.o.r and marked as Exh.B and C respectively.
    Shri More,  has also tendered sheriff certificate bearing No. SGP/BCCW/379/2022/2049/2022 date 10/11/2022, in respect of attachment of immovable property, t.o.r and marked as Exh.D.
    Shri More states that warrant U/o.XXI, Rule 43 could not be executed and he is now not pressing to take further steps to execute the said warrant and will be proceeding in respect of immovable property under attachment.
    On request of Shri More, for taking further steps for issue of warrant of sale in respect of immovable property under attachment, matter adjourned to 16/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Shri Paresh More, Advocate for Plaintiff present.
    On request of Shri More, for filing of affidavit in support of issue of warrant of sale, matter adjourned to 02/01/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: Shri Paresh More, Advocate for plaintiff present.
    Sheriff certificate bearing No.SGP/BCCW/379/2022/1249/2022 date 10/11/2022, received in this office vide Inward No.15076 date 19/12/2022 t.o.r and marked as Exh.E.
    Shri More prays for issue of warrant of sale in respect of properties under attachment and in support of the same he has tendered affidavit of plaintiff, t.o.r and marked as Exh.F.
    Upon hearing Shri More and upon perusing affidavit, issue warrant of sale as prayed for returnable on 23/03/2023, before the Honourable Court, as may be assigned.
    Office to take steps to assign the matter to the Honourable Court.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. Paresh More for plaintiff/DH present.
    None present for defendant/JD.
    Time sought. Time granted.
    Matter Adjd for steps on 15/06/2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None present.
    Matter Adjd for steps to 11.08.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: None present.
    Matter is fixed for steps. No adjournment application on record. It shows that plaintiff DH is not entrusted to proceed further. Accordingly present E A No.322/19 is dismissed in default for want of steps.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 11-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109117/2019
    Filing Date: 26-08-2019
    First Hearing Date: 11th September 2019
    Decision Date: 11th August 2023
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Aug 2023
    Order Details: Other
    Pdf Text: 11/08/2023
    45
    CORAM: H.H.J. SHRI. R.S. KSHIRSAGAR, CITY CIVIL COURT,
    MUMBAI.(C.R.13)
    EA 322/19 in
    Sum 465/17
    None present.
    Matter is fixed for steps. No adjournment application on record. It
    shows that plaintiff DH is not entrusted to proceed further.
    Accordingly present E A No.322/19 is dismissed in default for want
    of steps.
    Judge
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