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EXECUTION APPLN

Smt. Sushma Vedprakashsing RathoreVsSmt. Sonal Suresh Bhadoria

CNR MHCC0100935020193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th November 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100339/2019
Registration Date
11 Sept 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: 23-09-2019
    Business: Shri. V.C. Singh, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 07/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Shri. V.C. Singh, advocate for the Plaintiff present. As the warrant u/o.XXI Rule 32 (5) of CPC is prayed for, Shri. Singh agrees for issue of show cause notice against the defendants as to why the said warrant should not be issued. In view of this, issue show cause notice accordingly, returnable on 15/10/2019. On request of Shri. Singh, short service by humdust is allowed, private service is also allowed.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Shri. V.C. Singh, advocate for the Plaintiff present. Exe application marked as Exh-A (Colly). Shri singh has tendered affidavit of plaintiff in support of writ under order XXI Rule 32(5) CPC, taken on record and marked as Exh-B. In view of this, upon perusing the affidavit and upon hearing Shri Singh issue warrant u/o. XXI Rule 32(5) of CPC returnable on 05/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: N.O.B.T.O.B.
    Matter received from Execution department.
    Adv for plaintiff Mr.Rajabali present.
    Adv for deft Mr.Ketan Chotani  present.
    Adv for deft filed additional affidavit in support of N/M
    3321/19.
    Heard Argument of Adv for plff and deft.
    Considering the fact that N/M  is filed to set aside  exparte
    judgement and order dated 05.04.2019 and yet reply is not
    filed to N/M.  Therefore, It will be proper to stay the execution
    proceeding 339/2019 till decision of N/M.  Hence,
    Execution proceeding is stayed till decision of N/M
    No.3321/19.
    Already adjd to 11.11.2019
    Next Purpose: FOR___________________
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv for plaintiff Mr.Singh present.
    Adv for deft Ms.Bhansali present.
    Adv for plaintiff filed reply to N/M
    Matter is Adjd for N/M Hearing to 09.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv for plaintiff Mr.Singh present.
    Adv for deft Ms.Bhansali present.
    Adv for deft prayed for adjournment to file rejoinder.
    Matter is Adjd for N/M Hearing to 20.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: P.O. is on half day leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: P.O. is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv for plaintiff Mr.Singh present.
    Adv for deft  present.
    Adv for deft. filed rejoinder. T.O.R.
    Adv for plff. stated that he has received copy of rejoinder
    Matter is Adjd for N/M Hearing to 18.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv for plaintiff Mr.Singh present.
    Adv for deft Mr.Ketan Chotani present.
    Matter is Adjd as Stayed till decision of N/M 3321/19 to 02.03.2020.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Court is busy dictating Judgment in Suit No.6926/1997.
    Hence, Board is discharge.
    Adv for plff. Mr.Singh present.
    Defendant present.
    Adv for deft. Ms.Thapa present.
    Matter is Adjd as Stayed till decision of N/M 3321/19 to
    06.03.2020.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: P.O. is on Leave.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Honble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
    All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
    Adv for plaintiff Ms.Jain present.
    None for the defendant.
    Matter is Adjd as Stayed till decision of N/M 3321/19 to 21.04.2020.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUIT STAYED
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: National Lock Down
    Next Purpose: SUIT STAYED
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: SUIT STAYED
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUIT STAYED
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUIT STAYED
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Business: National Lockdown
    Next Purpose: SUIT STAYED
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 02.11.2020.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    
    Date: 04-11-2020
    Business: Daily Board,
    Adv for plaintiff Mr.Singh present.
    Adv for deft Mr.Sandesh Kamble I/b Adv Bansali present.
    Notice of Motion No.3321 of 2019 is rejected.
    Hence, Execution Application is adjourn for steps to 19.01.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Adv. Singh for plff/decree holder is present.
    Adv. Sandesh Kamble for judgment debtor present and file vakalatnama marked at Exh.2.
    Heard Ld. Advocates of both the sides.
    It is submitted by Ld. Advocate for decree holder that the matter is subjudice before Honble High Court and oral request of Adv. matter is adjourned on 03.02.2021.
    Adjd for steps on 03.02.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv.Singh for the plaintiff/decree holder is present.
    Adv. Sandesh Kamble for defendant/judgment debtor present.
    It is submitted by Adv.for the judgment debtor the matter is hearing before Honble High Court on 04.02.2021. Hence, on oral request of Adv.for the judgment debtor matter is adjourned to 16.02.2021.
    Adjd for steps on 16.02.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv. V. C. Singh for the Decree Holder present. .
    Adv. Sandesh Kamble for the Judgment Debtor present.
    Adv for the J/D has placed on record copy of the Honble High Court in Interim Application Stamp No. 98447/2020 for the purpose of convenience. It is marked at Exh. 3. The order of the Honble High Court, reads, by consent, S.O 12th March, 2021.
    Matter is adjd to 22.03.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: As P.O. is on 40 hrs Online Mediation Training for the
    Judicial Officers scheduled to be held from 15th to 22nd March, 2021
    Adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv. Singh for plff/DH is present.
    Adv. Lavanya for deft/JD is present.
    JD/Deft has filed V/P t.o.r marked as Exh.4.
    On oral request of both the sides matter adjourned on 03.05.2021.
    Matter adjd for steps on 03.05.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 10.07.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: The P.O. is on leave, hence adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Court is vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Matter mentioned at 11.14 p.m.
    Adv. K. M. Bhatia for decree holder present.
    Adv. Sakshi S. Sharma for Judgment debtor present.
    Decree holder informed appeal is subjudice before Hon\''ble High Court. Hence, she is seeking time. Time granted.
    Matter stands adjourned to 23.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Matter called out at 12.06 p.m.
    Adv. V. C. Singh for DH present.
    JDR No.1(c) in person present.
    Ld. Advocate for DH fairly conceded that he made a statement before the Hon\''ble High Court in the appeal that he will not proceed in the execution till further date. It has been informed that thereafter, no steps have been taken by the JDR.  As the statement was made before the Hon\''ble High Court it is desirable to grant one more opportunity to the JDR.   It is made clear on next date matter will proceeded.
    Matter stands adjourned to 28.01.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Matter called out at 11.02 a.m.
    Adv. V. C. Singh I/b A. M. Rajabally for DH present.
    Adv. Manan S. for JDR present.
    Admittedly, matter is subjudice before Hon\''ble High Court and kept on 01.02.2022 for orders on condonation of delay by the Hon\''ble High Court.
    Hence, matter stands adjourned to 24.02.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Matter called out at 11.03 p.m.
    Adv. V. C. Singh I/b Adv. A. M. Rajabally for DH present.
    JDR. No.1(c) in person present.
    At the request of DH, matter stands adjourned to 07.04.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Matter called out at 11.00 a.m.
    Adv. V. C. Singh I/b A. M. Rajabally for DH present.
    Adv. Paarth Singh for JDR present. He tendered VP. TOR. Exh.5.
    O-Seen and filed.
    By consent, matter stands adjourned to 27.06.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. V. C. Singh for DH present.  He is seeking time. Time granted.
    None present for JD.
    Matter stands adjourned to 18.10.2022 for steps.
    Later on mentioned at 12.00 p.m.
    Adv. Prem Dhurvey for JD present.
    Already adjourned to 18.10.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. V. C. Singh for DH present.
    Adv. Devyani Ghanekar h/f Adv. Sanghai for JD present.
    By consent, matter stands adjourned to 20.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Adv. V. C. Singh for DH present.
    Adv. Manan Sanghai for JD No.1 present.
    By consent, matter stands adjourned to 10.02.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Adv. V. C. Singh for DH present.
    Adv. Mansi Pandit for JD present.
    By consent, Matter stands adjourned on 06.04.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Adv. V. C. Singh for DH present.
    Adv. Mansi Pandit for JD present.
    By consent, matter stands adjourned on 05.06.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Adv.  Abhishekh Bhaduri for J/D present.
    Adv. V.C Singh for D/H present and filed V/P. TOR. Exh.6
    Adv for J/D submits that he will take necessary information for further steps. O- Granted as last chance.
    Matter stands adjourned on 20-07-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: Adv Singh h/f A.M.Rajabally for D/h present.
    Adv M.C. Pandit and Adv Abhishek Bhaduri a/w Counsel Adv Disha Karambar a/w J/d 1(a), 1(b), 1(c) and 2 present.
    D/h filed Writ of Summons under order 21 rule 32 of CPC. TOR. Exh.7
    D/h has filed copy of his proposal for Consent Terms along with the copy of Consent Terms received from J/D.
    Both the  parties are directed to conduct one meeting  before next  date and file the final proposal else the matter will be referred to Mediation to draw the Consent Terms. Matter stands adjourned on 02-09-2023 for Consent Terms.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: Adv V.C. Singh for D/H present.
    Adv Disha Karambas a/w Manasi Pandit for J/D present.
    Both parties submitted that settlement talks are in progress.
    By consent matter stands adjourned on 14-09-2023 for filing
    consent terms.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Adv V.C. Singh for D/H present.
    Adv Disha Karambar with Adv Manasi Pandit for J/D present.
    Both parties seeking time. O- Time granted.
    By consent matter stands adjourned on 29-09-2023 for consent terms.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Adv. V.C. Singh for DH present.
    Adv. Disha Karambar for JD present.
    By consent matter stands adjourned on 25.10.2023 for Consent term.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv V. C. Singh present for D/H
    Adv Mansi Pandit  present for J/D.
    Both parties submitted that settlement talks is in progress, hence seeks time to file Consent Terms. O - Time granted.
    Matter stands adjourned on 28-11-2023 for filing Consent terms.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Advocate Singh present for Decree holder/plaintiff.
    Advocate Mansi Pandit a/w Advocate Bhavesh Ameta present for Judgment debtor/defendant.
    Exhibit 8 Decree holder/plaintiff filed pursis for withdrawal. Taken On Record.
    Order - Advocate for Judgment debtor/ defendant has no objection for the same, hence in view of Exhibit 8 Execution Application is disposed of as withdrawn unconditionally. Execution Application 339 of 2019 in Suit No. 8321 of 1998 is disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 28-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109646/2019
    Filing Date: 11-09-2019
    First Hearing Date: 23rd September 2019
    Decision Date: 28th November 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Nov 2023
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
    Case No. :EXECUTION APPLN/0100339/2019
    Smt. Sushma Vedprakashsing Rathore Vs Smt. Sonal Suresh Bhadoria
    Date : 28-11-2023
    Business : Advocate Singh present for Decree holder/plaintiff. Advocate
    Mansi Pandit a/w Advocate Bhavesh Ameta present for
    Judgment debtor/defendant. Exhibit 8 Decree holder/plaintiff
    filed pursis for withdrawal. Taken On Record. Order -
    Advocate for Judgment debtor/ defendant has no objection for
    the same, hence in view of Exhibit 8 Execution Application is
    disposed of as withdrawn unconditionally. Execution
    Application 339 of 2019 in Suit No. 8321 of 1998 is disposed
    off.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 28-11-2023
    -- 1 of 1 --

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