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EXECUTION APPLN

Mittal Chambers Owner Premises Co-Operative Society LimitedVsThe State of Maharashtra and Ors. +1 more

CNR MHCC010099002019966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 13th December 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100366/2019
Registration Date
26 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec NOTICE

    Case History / Proceedings

    Case History
    Date: 15-10-2019
    Business: Ms. Drishti Shah Advocate for plaintiff present. On request of Ms shah issue notice u/o. XXI, Rule 34 of CPC, returnable on 30/11/2019. Ms. Shah undertakes to annex the draft of lease deed with the notice by finalizing the said draft with the office.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Ms. Drishti Shah, advocate for the plaintiff present.
    On request of Ms. Shah, adjd to 24/01/2020, for compliance of order dt.15/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Ms. Drishti Shah, advocate for the plaintiff present.
    On request of Ms. Shah, adjd to 28/02/2020, for compliance.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Ms. Drishti Shah Advocate for plaintiff present.
    On request of Ms. Shah for submitting draft of lease deed, 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 21/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Parties and advocate are absent adjourned to 26/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Ms. Drishti Shah advocate for plaintiff present.
    On request of Ms. Shah for completing service u/o.XXI, Rule 34 of CPC, 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 07/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 02/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Parties and advocate are absent adjourned to 13/10/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Ms. Drishti Shah advocate for plaintiff present.
    On request of Ms. Shah matter adjourned to 01/12/2021, for completing service.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Ms.Drishti Shah, Advocate for Plaintiff present.
    On request of Ms.Shah, for completing service, adjourned to 12/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of Office Order No.07 of 2022, matter adjourned to 18/02/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: As Court is on leave, board discharged and matter adjourned to 29/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Ms. Drishti Shah advocate for plaintiff present.
    None for defendant.
    Exe.application marked as Exh.A(Colly.).
    Ms. Shah has tendered original notice u/o.XXI, Rule 34 of CPC, with service report of bailiff pasted thereon t.o.r and marked as Exh.B.
    It is pointed out to Ms. Shah that the official from Collector Office was present and assuming that that the Collector Office is not the necessary party, he was allowed to go .
    However, Ms. Shah submits that defendant No.1 and 2 are necessary parties to the present proceedings and Ms. Shah submits that she will give private notice in respect of the next date, requesting the defendant No.1 and 2 to appear before the court.
    On request of Ms. Shah, for compliance as above matter adjourned to 12/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Ms. Drishti Shah, Advocate for plaintiff present.
    None for defendant.
    On request of Ms. Shah,  matter adjourned to 06/05/2022, for filing of affidavit of service of notice upon the Collector Office.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Ms.Drishti Shah, advocate for plaintiff present.
    Shri Surendra Shelke, Awal Karkun, Collector Office,  present.
    Shri Selke seeks time to go through the Lease Deed served upon the office of the Collector of Mumbai, and to give approval for the same.
    Hence, by consent, awaiting approval to the Lease Deed from the Collector Office adjourned to 28/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Ms. Drishti Shah advocate for plaintiff present.
    Shri Surendra Shelke, Awal Karkun, from Collector Office present.
    Shri Shelke states that matter is in process of adjudication and has tendered copy of letter dated 24/06/2022, addressed to plaintiff, kept in file.
    Shri Shelke further states that for completing process of adjudication time of at least one month is required.
    Hence, awaiting report of adjudication matter adjourned to 29/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: As court is on leave, board discharged and adjourned to 15/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 02/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: As Court is on leave, board discharged and matter adjourned to 04/01/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Shri Pandurang Jadhav, representative of plaintiff (Society Office Assistant)present.
    On request of Shri Jadhav, awaiting compliance from the Collector Office, matter adjourned to 03/03/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Ms. Drishti Shah, Advocate for Plaintiff present.
    On request of Ms. Shah, as matter is under adjudication process with concern stamp office, which will take some more time and hence adjourned to 01/04/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Parties and advocates absent, adjourned to 19/04/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Ms.Drishti Shah, Advocate for plaintiff present.
    Ms.Shah submits that the concerned stamp office has requested some time to complete the adjudication process and hence, on request of Ms.Shah adjourned to 03/05/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Ms. Drishti Shah, advocate for plaintiff present.
    Ms. Shah submits that the process of adjudication of lease deed is going on and the plaintiff society will comply with the directions in the letter dated 27/04/2023 issued by Collector of Stamps, Mumbai and on her request, matter adjourned to 15/06/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: As Court is on leave, board discharged and matter adjourned to 04/07/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Parties and Advocate absent, adjourned to 08/08/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Parties and Advocate absent, adjourned by way of last chance to 18/09/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Representative of plaintiff present.
    Representative of plaintiff submits that stamp duty has been paid, further stating that concern Collector has been changed and for that reason it appears that the adjudicated document has not been sent to this office.
    Hence, awaiting documents from the concern Collector Office matter adjourned to 25/10/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Parties and Advocate absent adjourned 28/11/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Ms.Drishti Shah, Advocate for Plaintiff present.
    Ms.Shah submits that the process of adjudication and registration of the Lease Deed has been completed.
    Ms.Shah seeks adjournment to submit the original registered Lease Deed in this office, for passing appropriate orders and on her request, matter adjourned to 13/12/2023.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Shri Pandurang Jadhav, for plaintiff Society as a Office Employee present.
    Original registered deed of lease, which has been tendered in this office by the Advocate for plaintiff vide praecipe dated 29/11/2023, inwarded in this offcie vide Inward No.14293 t.o.r. and the praecipe marked as Exh.C.
    Shri Jadhav submits that the original registered Lease Deed be returned to plaintiff, by keeping the certified copy thereof on record, further stating that appropriate steps will be taken by the plaintiff accordingly.
    Hence, original registered Lease Deed be returned to Plaintiff by keeping the certified copy thereof on record,u/o.XIII Rule 9 of CPC.
    As upon registration of Lease Deed nothing survives in the matter and accordingly, Execution Application stands disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110309/2019
    Filing Date: 26-09-2019
    First Hearing Date: 15th October 2019
    Decision Date: 13th December 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    1
    Final Order 1
    13 Dec 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100366/2019
    Mittal Chambers Owner Premises Co-Operative Society Limited Vs The State of Maharashtra and
    Ors.
    Date : 13-12-2023
    Business : Shri Pandurang Jadhav, for plaintiff Society as a Office
    Employee present. Original registered deed of lease, which
    has been tendered in this office by the Advocate for
    plaintiff vide praecipe dated 29/11/2023, inwarded in this
    offcie vide Inward No.14293 t.o.r. and the praecipe marked
    as Exh.C. Shri Jadhav submits that the original registered
    Lease Deed be returned to plaintiff, by keeping the certified
    copy thereof on record, further stating that appropriate
    steps will be taken by the plaintiff accordingly. Hence,
    original registered Lease Deed be returned to Plaintiff by
    keeping the certified copy thereof on record,u/o.XIII Rule 9
    of CPC. As upon registration of Lease Deed nothing
    survives in the matter and accordingly, Execution
    Application stands disposed off.
    Nature of Disposal : ALLOWED
    Disposal Date : 13-12-2023
    IC REGISTRAR CITY CIVIL COURT MUMBAI
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