Shree Siddhivinayak Stone and Tiles CoVsSajjad Sajjauddin Gour and Ors.

Date: 26-09-2019
Business: Ms. Neelam Mehta, advocate for the Plaintiff present. On request of Ms. Mehta, for taking steps, adjd to 27/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Ms. Neelam Mehta, Advocate for plaintiff present. Ms. Mehta prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Ms. Mehta states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 19/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Ms. Neelam Mehta, advocate for the plaintiff present.
Shri. D.V. Saroj, advocate for the defendant present.
Exe.application marked as Exh-A(Colly).
Ms. Mehta has tendered original warrants of attachment u/o.XXI Rule 43 and 54 of CPC, with execution report endorsed thereon, t.o.r. and marked as Exh-B and C, respectively.
Shri. Saroj has tendered Vakalatnama for the defendant, t.o.r. and marked as Exh-D.
Shri. Saroj seeks time to file reply, by consent for reply of the defendants, adjd to 10/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Ms. Neelam Mehta, advocate for the plaintiff present.
Shri. D.V. Saroj, advocate for the defendant present.
Shri. Saroj seeks time to file reply, stating that the copy of exe.application has not been received by him.
Ms. Mehta has furnished the copy of exe.application to Shri. Saroj across the bar.
Hence, by consent, the reply of the defendant, adjd to 16/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Ms. Neelam Mehta, advocate for the plaintiff present.
Shri. Sajjad Gour, defendant present.
As Court is on leave, board discharged and adjd to 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Ms. Neelam Mehta, advocate for the plaintiff present.
Shri. Pravin Dhanawade, advocate for the defendant present. Shri. Sajjad Gour, defendant present.
Shri. Dhanawade has tendered reply, t.o.r. and marked as Exh-E.
Ms. Mehta has tendered rejoinder, t.o.r. and marked as Exh-F.
As the matter has become contested both the advocates submit that the present exe.application be referred to the Honourable Court No.31.
Hence, the matter is hereby submitted to the Honourable Court No.31 on 24/02/2020.
Office to take steps to assign the matter to the Honourable Court No.31.
Parties and Advocates to appear before the Honourable Court No. 31 on 24/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Advocate Neelam Mehta for D.H. is present.
Advocate Pravin Dhanawade J.D. is present.
Adjourned for arguments to 12.03.2020.
                                                                               Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate for plaintiff/DH is present.
Adv. for Deft/JD is present.
Adjourned for hearing to 20/4/2020.
Next Purpose: HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Nobody present.
Adjd for hearing to 02/04/2021
Next Purpose: HEARING
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Board is discharge.  Matter adj. to
Next Purpose: HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Ashish Shashindhra for Plff/DH present.
Adv. D.V. Saroj for defendant present.
Adv for plff submitted written argument t.o.r. and marked as Exh. G.  Copy served upon the defendant.
Adv for deft submitted that his reply may be treated as argument.
Adjd on 01.07.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Matter called out at 11.47 am
Adv Ashish Shasheedharan for plff DH present
Adv D.V.Saroj for Defendant JD present
Heard arguments on both sides.  Put up for appropriate order on next date.
Matter is adjd on 27.07.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None for plaintiff present
Adv. for decree holder is present.
Court is busy in hearing of argument in NM No. 1373/2021.
Matter is adjd for order to 04/08/2022.
Next Purpose: ORDER
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Matter called out at 11.38 am
None  for plff
None for Defendant
K.B.   for order
L.O at 4.14 pm
Adv Aashish Shasheedharan for plff DH present
Present petition has been filed for execution of money decree.  Pursuant to warrant issued under Order 21 Rule 43 and 54 of CPC, defendant JD appeared through advocate and tendered his reply to execution proceeding vide Exh E.  Adv for plff DH  has filed affidavit in rejoinder to the reply.  I have heard advs for both the sides persued affidavit in reply and affidavit in rejoinder to the reply.  Defendant No.1 JD has raised grievance that copy of the plaint was not served at his address and therefore, exparte order came to be passed against defendants.  Defendants have made payment of Rs.1,22,805/- to the plaintiff after issuance of demand notice by the plaintiff.  However, the plaintiff has not disclosed the receipt of said amount in the plaint and he is guilty of suppression of facts.  On the contrary, the case of plaintiff is that the above amount was paid by defendant against another bills and to substantiate the said contentions.  Plaintiff has produced copy of ledger account.  At the outset this being executing court, the court cannot go behind decree.  The defendants are at liberty to take appropriate steps to set aside the exparte decree.  Therefore, the objections raised by the defendant JD are not sustainable in the execution proceedings.  Both the parties have not submitted that the present execution proceeding is stayed.  Therefore, plff DH can take further steps towards execution of decree.  Accordingly matter be fixed for further steps.
Matter is adjd on 03.09.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Adjourned to 26.11.2022 on account of Holiday declared on 03.09.2022 on occasion of Ganpati Festival
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFFICE ORDER NO.229/2022 DATED 31-10-2022 MATTER ADJD TO 10-12-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Matter called out at 12.32 pm
Adv Divakar Dadhich for plff present and seeks time to file application for further execution.  Granted.
None for defendant
Matter is adjd on 01.02.2023 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Court is busy in hearing argument in SU 6793/04 hence board discharged.
Matter is adjd on 23-03-2023 for direction.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Prajit Vora h/f Adv. Pradip Shukla for plaintiff present and seeks time.
Matter is adjd on 29-04-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Matter called out at 12.31 pm
Adv Divekar It is not true to say that Dadhich I/b Pradip Shukla and Co. for DH present and submits that he has applied for certified copy of decree but same is still not received. He seeks time to file application for execution.
Adv Sidhanth Gaikwad for JD present
Matter is adjd on 01.07.2023 for Steps
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in recording evidence P.H. in Sessions Case No. 59 of 2022 and Sessions Case No.137/2020, first session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar.
Adv.Prajit Vora h/f Adv.Pradip Shukla for DH present.
Matter is adj to 12/09/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters, recording evidence in Sessions Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Rajiv Choudhary for DH/plaintiff present.
Matter is adj to 04/11/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Matter is adj to 29/02/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Prathamesh Pawde i/b M/s Pradip Shukla and Company for DH/plaintiff present.
None for defendant.
Matter is adj to 10/07/2024 for necessary order.
Later on
Adv.D.V.Saroj for JD/defendant present.
Next Purpose: ORDER
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Divakar N. Dadhich i/b Pradip Shukla and Company for DH/plaintiff present.
None for JD/defendant.
Matter is adj to 05/09/2024 for taking steps/necessary order.
Next Purpose: ORDER
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Prathamesh Pawade i/b M/s Pradip Shukla and Company for DH/plaintiff present.
Adv.Saroj for JD/defendant present.
In view of order dated 04/08/2022 defendant to take steps in the Execution Application.
Matter is adj to 05/11/2024 for taking steps by defendant/argument on EA.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Divakar N.Dadhich i/b Pradip Shukla and Shukla for DH/plaintiff present.
Adv.Mohd Shoib for JD/defendant present.
By consent of both the parties, matter is adj to 18/01/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for DH/plaintiff.
Adv.Mohd Shoaib for JD/defendant present.
DH called repeatedly he is absent, he is not taken steps for execution of decree passed in Suit No.2326 of 2018 hence, keep for necessary order.
Matter is adj to 09/05/2025 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 09-05-2025

Date: 09-05-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
DH and advocate absent.
Adv. Jayesh Saroj for JD present.
KB, L.O at 05.30 pm.
DH and advocate absent.
Matter is adj to 30.07.2025 for passing necessary order.
Next Purpose: ORDER
Next Hearing Date: 30-07-2025

Date: 30-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv. Bhavika Gehlot for DH present and filed application for porducation copy of decree. TOR. Order – Producation allowed
None for JD
Matter is adj to 25/08/2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Shravan Purohit h/f Pradip Shukla and Company for DH/plaintiff present and seeks time.
Adv.D.V. Saroj for JD/defendant present.
Matter is adj to 19/09/2025 for taking steps by DH.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Adv.Divakar Dadhich for DH/plaintiff present and requested for adjournment.
None for JD/defendant.
Matter is adj to 09/10/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Court Vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: Vacant Court
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: COURT VACANT
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: PO IS ON TRAINING.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None present.
Matter is adj to 15/10/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2026

Main Case No: SUIT/0102326/2018
Main Cnr: MHCC010094162018
Main Filing No: 111447

Registration Number: 100341/2019
Transfer Date: 03-02-2020
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100341/2019
Transfer Date: 14-03-2020
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100341/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 109805/2019
Filing Date: 18-09-2019
First Hearing Date: 26th September 2019
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE