M/s. Sheetal Chhaya Co-Operative Housing Society LTD.VsMr. Om Prakash Nathuram Gulati and Ors.

Date: 07-09-2018
Business: Mr. M. R. Yadav I/b Mr. N. D. Jaywant, Advocate for Plaintiff.  On request of Mr. Yadav, issue notice u/o.XXI Rule 22 of CPC, returnable on 22/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Mr. M. R. Yadav I/b Mr. N. D. Jaywant, Advocate for Plaintiff.  On request of Mr. Yadav, for making application for amendment, adjd to 29/10/2018.  Later on Mr. Shubham Singh, Advocate for Defendant present.  He is informed about the next date.
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Mr. M. R. Yadav I/b Mr. N. D. Jaywant, Advocate for Plaintiff, present.  None for Defendant.  On request of Mr. Yadav, for making application for amendment, adjd to 27/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Parties and Advocate absent, adjd to 14/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Shri. N.D.Jaywant, advocate for plaintiff present. On request of Shri Jaywant, for taking further steps, adjourned to 30/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: Shri. M.R. Yadav, Advocate for plaintiff present. On request of Shri. Yadav, adjourned to 20/02/2019, for taking further steps.
Next Purpose: FOR___________________
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: Parties and Advocate absent, adjd to 03/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Shri. M.R. Yadav, advocate for the plaintiff present. Exe.application marked as Exh.A(Colly). Shri. Yadav has tendered communication dt.23/11/2018, addressed to Tejas Mehta, being the defendant no.3(b) and the communication dt.10/01/2019, addressed to plaintiff by the defendant no.3, taken on record and marked as Exh.B and C respectively. On request of Shri. Yadav, for taking further instructions, adjd to 22/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Shri. M.R. Yadav, advocate for the plaintiff present. On request of Shri. Yadav, for taking instructions, adjd to 26/04/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Parties and Advocate absent, adjd to  05/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Shri. M.R. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav for filing affidavit of service, adjd to 17/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Shri. M. R. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav, for taking further steps, adjd to 09/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Shri. N.D. Jaywant, advocate for the Plaintiff present. On request of Shri. Jaywant, for filing affidavit of service and for further stpes, adjd to 13/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Shri. M.R. Yadav, advocate for the Plaintiff present. On request of Shri. Yadav, for filiing affidavit of service and for further steps, adjd to 10/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Shri. M.R. Yadav advocate for the Plaintiff present. On request of Shri. Yadav, adjd to 15/11/2019, for filing affidavit of service.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Parties and Advocate absent,  adjd to 23/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Shri. M.R. Yadav, advocate for the plaintiff present.
On request of Shri. Yadav, for taking further steps, adjd to 09/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Parties and Advocate absent,  adjd to 08/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Shri. V.M. Mahadik, advocate for the plaintiff present.
On request of Shri. Mahadik, adjd to 27/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Shri. M.R. Yadav, advocate for the plaintiff present.
Shri. Yadav has tendered original notice u/o.XXI Rule 22 of CPC, alongwith service report endorsed thereon, t.o.r. and marked as Exh-D.
On request of Shri. Yadav, for taking further steps, adjd to 02/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Shri. M. R. Yadav advocate for plaintiff present.
On request of Shri Yadav for taking further steps adjourned to 18/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Parties and Advocate absent, adjd to 16/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Parties and advocate are absent.
As court is on leave, Board discharged, matter adjourned to 12/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Shri M.R.Yadav, Advocate for plaintiff present.
On request of Shri Yadav, for taking instructions, adjourned to 17/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Shri M.R. Yadav advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 20/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Parties and advocate are absent.
Matter adjourned to 13/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 15/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Parties and Advocates absent.
Adjourned to 27/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Parties and Advocate absent matter adjourned to 09/12/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Shri. M.R. Yadav, Advocate for Plaintiff present.
On request of Shri Yadav matter adjourned to 24/01/2022, for further steps.
Next Purpose: FOR___________________
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 10/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 24/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Shri M.R. Yadav, Advocate for plaintiff present.
None for defendant.
On  request of Shri Yadav, matter adjourned to 22/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Parties and advocate absent adjourned to 02/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Parties and advocate absent.
Since, no steps have been taken despite several adjournment, adjourned to 16/07/2022, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: As court is on leave, board discharged and adjourned to 05/09/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Shri M.R.Yadav, Advocate for plaintiff present.
None for Defendant.
Shri Yadav seeks time to file appropriate application to proceed further.
The matter is under the caption for dismissal, however, considering the earnest request of Shri Yadav time granted by way of last chance and matter adjourned to 29/09/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Shri M.R.Yadav, Advocate for plaintiff present.
None for Defendants.
Service report of Notice is silent in respect of service on Defendant No.1 and it shows that the defendant No.3(d) has expired.
Hence, on request of Shri Yadav issue fresh notice against Defendant No.1 and he seeks time to take steps in respect of deceased defendant No.3(d) and on request of Shri Yadav matter adjourned to 15/11/2022.
Next Purpose: NOTICE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Shri M. R. Yadav, Advocate for Plaintiff present.
Shri Yadav, tendered original unserved notice issued against defendant No.1, with bailiff report pasted thereon, which states that notice could not be served as the defendant No.1, Shri Om Gulati expired, t.o.r and marked as Exh.E.
Shri Yadav seeks time to file application for amendment to delete the names of deceased defendant Nos.1 and 3 (d) and to bring their legal heirs on record on his request and matter adjourned to 05/12/2022.
Next Purpose: NOTICE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Shri M.R. Yadav, advocate for plaintiff present.
Shri Yadav, has tendered application for amendment, to delete the name of defendant no.1 and for issue of notice by way of paper publications regarding the heirs and legal representative of defendant No.3(d), t.o.r and marked as Exh.F.
Upon hearing Shri Yadav application (Exh.F) is allowed.
Amendment be carried out within 14 days and notice there after be issued returnable on 27/01/2023.
Next Purpose: NOTICE
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Shri M.R.Yadav, advocates for plaintiff present.
Shri Yadav states that amendment has been carried out and notice after amendment by of paper publication has been issued.
Shri Yadav tendered application cum affidavit of service in respect of service by way of paper publication and seeking deletion of the name of defendant No.3(d) for the reasons mentioned in the application, t.o.r. marked as Exh.G.
Since the notice has been published on 16/01/2023, matter adjourned to 23/02/2023, for passing order on the application(Exh.G), to the extent of deletion of the name of defendant No.3(d) from the execution application.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Shri M.R.Yadav, Advocater for plaintiff present.
Shr Yadav submits that despite publication of notice no one approached  or intimated  till date as heirs and legal representatives of defendant No.3(d) and he therefore prays that application filed on 27.01.2023 be allowed in terms of prayer clause (a).
Hence, upon hearing Shri Yadav, application filed on 27.01.2023 marked as Exh-G on record, is allowed in terms of prayer clause (a).
Amendment be carried out accordingly within 14 days from today.
For taking further steps after amendment, on request of Shri Yadav, matter adjourned to 27/03/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Shri M.R.Yadav, Advocate for plaintiff present.
Shri Yadav states that the amendment has been carried out and seeks time to file application for taking further steps and on his request matter adjourned to 20/04/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Shri M.R. Yadav, Advocate for Plaintiff present.
Shri Yadav states that amendment has been carried out and states that plaintiff may be permitted to serve the defendants privately.
Hence, request of Shri Yadav is allowed and for completing service matter adjourned to 08/06/2023.
Next Purpose: NOTICE
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: As Court is on leave, board discharged and matter adjourned to 07/07/2023.
Next Purpose: NOTICE
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Shri M.R.Yadav, Advocate for Plaintiff present.
On request of Shri Yadav, for filing of affidavit of service, adjourned to 18/08/2023.
Next Purpose: REPORT
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Shri M.R. Yadav, advocate for plaintiff present.
Shri Yadav has tendered affidavit of service t.o.r and marked as Exh.H.
Shri Yadav submits that notice upon defendant No.3(a), could not be served as the packet containing notice sent by speed post has been returned with postal remark as left and he further submits that defendant No.3, 3(b) and 3(c) have been served.
On request of Shri Yadav,  to make submissions in regard to present status of the defendant No.3(a) and for taking further steps, matter adjourned to 13/09/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Shri M. R. Yadav advocate for plaintiff present.
Shri Yadav has tendered affidavit of service in respect of service upon defendant No.3(a) t.o.r and marked as Exh.I.
Shri Yadav submits that defendant No.3, 3(a), 3(b) and 3(c) have been served, however none of them appeared before this court nor filed any reply and hence, he therefore submits that notice issued against defendant No.3, 3(a), 3(b) and 3(c) be made absolute and warrants of attachment U/o.XXI, Rule 43 and 54 of CPC in respect of properties within the jurisdiction of this court, be issued.
Hence, upon hearing Shri Yadav, issue warrants of attachment U/o.XXI, Rule 43 and 54 of CPC in respect of properties of defendant No.3, 3(a), 3(b) and 3(c) within the jurisdiction of this court, subject to tendering of copies of documents, by the plaintiff, showing that the properties sought to be attached belongs to the said defendants, returnable on 30/10/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Shri Shekhar Shetty secretory of the plaintiff society present.
None for defendant.
on request of Shri Shetty, for filing of an application for transfer of decree to Dindoshi Court as the properties sought to be attached are within jurisdiction of Dindoshi Court,  matter adjourned to 06/11/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Shri M.R.Yadav, Advocate for plaintiff present.
Shri Yadav tendered affidavit cum applicatoin of plaintiff for Transfer of the present Exe.Application to Dindoshi Court, for the reasons as mentioned in the application, t.o.r. marked as Exh-J.
Upon hearing Shri Yadav and upon perusing the application (Exh-J), present Exe.Application be transferred to Dindoshi Court, on or before 30/11/2023.
Office to take steps accordingly.
Matter be shown as disposed of as transferred to Dindoshi Court.
Parties and advocates to appear before the Dindoshi Court for fixing the date of hearing before Dindoshi Court, after despatch of R and P to Dindoshi Court.
Nature Of Disposal: TRANSFERRED TO DINDOSHI COURT
Disposal Date: 06-11-2023

Registration Number: 100297/2018
Transfer Date: 01-08-2018
From Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Filing Number: 109711/2018
Filing Date: 25-07-2018
First Hearing Date: 07th September 2018
Decision Date: 06th November 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI