Jayantilal SakariayaVsPratham Jewllers and Ors. +2 more

Date: 08-11-2019
Business: Parties and Advocate absent,  adjd to 16/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Ms. khan Farhana, advocate for the Plaintiff present.
On request of Ms. Farhana, issue notice u/o.XXI Rule 22 of CPC, returnable on, 19/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Ms. Khan Farana, advocate for the plaintiff present.
On request of Ms. Khan, for completing service, adjd to 18/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Shri. Kalpesh Nansi, advocate for the plaintiff present.
On request of Shri Nansi, for completing service 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: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Parties and advocate are absent adjourned to 24/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Shri Kalpesh Nansi advocate for plaintiff present.
On request of Shri Nansi adjourned to 06/04/2021, by extending returnable date of Notice u/o. XXI, Rule 22 of CPC.
Next Purpose: FOR___________________
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Shri Kalpesh Nansi advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 16/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 20/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Parties and advocate are absent adjourned to  29/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Shri Kalpesh Nansi, advocate for plaintiff present.
None for defendant.
On request of Shri Nansi issue fresh Notice u/o.XXI, Rule 22 against defendant No.3 on her alternate address furnished by Shri Nansi in the application tendered today, t.o.r., marked as Exh-B.
Fresh notice against defendant No.3 made returnable on 09/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Shri Kalpesh Nansi, advocate for plaintiff present.
On request Shri Nansi, mater adjourned to 02/02/2022, for compliance of order dated 29/10/2021, by extending the returnable date of notice.
Next Purpose: FOR___________________
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: In view of Office Order No.22 of 2022, matter adjourned to 14/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Parties and advocate absent, adjourned to 13/04/2022, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Shri Kalpesh Nansi, advocate for plaintiff.
On request of Shri Nansi,  matter adjourned to  23/06/2022, by extending the returnable date of notice.
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: As court is on leave, board discharged and matter adjourned to 22/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: As court is on leave, board discharged and adjourned to 26/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Shri Kalpesh Nansi, advocate for plaintiff present.
Shri Nansi, tendered application for extending the returnable date of notice to be served upon defendant No.3 t.o.r and marked as Exh.C.
Upon hearing Shri Nansi, application is allowed and  matter adjourned, to 10/10/2022, by extending the returnable date of notice.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Parties and advocate absent.
Awaiting service report matter adjourned to 16/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Shri Kalpesh Nansi advocate for plaintiff present.
Shri Nansi seeks adjournment stating the he has misplaced the brief and on his request matter adjourned to 19/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Shri Kalpesh Nansi advocate for plaintiff present.
On request of Shri Nansi adjourned to 10/01/2023, for steps.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Shri Kalpesh Nansi, Advocate for plaintiff present.
Shri Nansi has tendered application for amendment t.o.r and marked as Exh.D.
Shri Nansi has also tendered application for issue fresh notice stating that earlier original notice is misplaced in his office, t.o.r and marked as Exh.E.
Upon hearing Shri Nansi both the applications are allowed amendment be carried out within 14 days from today and fresh notice after amendment be issued returnable on 28/02/2023.
Next Purpose: NOTICE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: As Court is on leave, board discharged and adjourned to 23/03/2023.
Next Purpose: NOTICE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: As Court is on leave, board discharged and matter adjourned to 18/04/2023.
Next Purpose: NOTICE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Due to urgent administrative work, board discharged and matter adjourned to 20/06/2023.
Next Purpose: NOTICE
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Shri Vivek Sharma, Advocvate for Defendant No.3 present.
Shri Nitin Shah, husband of Defendant No.3 present.
None for Plaintiff.
Notice dated 23.02.2023 has been returned from the office of Dy.Sheriff of Mumbai, stating that date of notice expired, t.o.r. marked as Exh-F.
Shri Sharma seeks time to file reply and undertakes to file Vakalatnama for defendant No.3 on next date.
Hence, adjourned to 17/07/2023.
LO
Shri Kalpesh Nansi, Advocate for Plaintiff appeared, stating that notice upon defendant No.1 and 2 could not be effected and undertakes to file affidavit of service to that effect on next date.
Shri Nansi tendered application for service of notice upon defendant Nos.1 and 2 on alternate address, t.o.r. marked as Exh-G.
Upon hearing Shri Nansi, fresh notice on alternate address of Defendant Nos.1 and 2 be issued, returnable on 17/07/2023.
On request of Shri Nansi private service by RPAD/Speed-Post is allowed.
Next Purpose: NOTICE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: As Court is on leave, board discharged and matter adjourned to 21/08/2023.
Next Purpose: NOTICE
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Shri Kalpesh Nansi, advocate for plaintiff present.
On request of Shri Nansi for completing service against defendant no.1 and 2 matter adjourned to 14/09/2023.
Next Purpose: NOTICE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Parties and Advocates absent, adjourned by way last chance to 10/10/2023.
Next Purpose: NOTICE
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Parties and Advocate absent adjourned 12/12/2023, by way of last chance.
Next Purpose: NOTICE
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: As Court is on leave, board discharged and matter adjourned to 15/01/2024.
Next Purpose: NOTICE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: As Court is on leave, board discharged and matter adjourned to 20/02/2024.
Next Purpose: NOTICE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Parties and Advocate absent.
Record shows that order of issuance of notice passed on 20/06/2023 is not yet been complied with by the plaintiff and hence, matter adjourned by way of last chance for the said compliance, to 26/04/2024.
Next Purpose: NOTICE
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Parties and Advocate absent, matter adjourned to 13/06/2024, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Shri Kalpesh Nansi, advocate for plaintiff present.
Shri Nansi, seeks adjournment for compliance of order of issuance of Notice at alternate address passed on 20/06/2023.
Since the order has not been complied with since long, adjournment granted for compliance of the same subject to payment of cost of Rs.1000/- to the State of Maharashtra to be paid by the plaintiff before issuance of notice.
On request of Shri Nansi private service of notice by RPAD/ Speed Post is allowed.
Matter now adjourned to 09/08/2024.
Next Purpose: NOTICE
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Ms. Devanshi Shah, advocate for defendant No.2 present.
None for plaintiff.
Ms. Shah has tendered joint vakalatnama of Saurabh Patil and Devanshi Shah for defendant No.2 t.o.r and marked as Exh.H.
None appeared for plaintiff and record shows that there is nothing on record in respect of service of notice against defendant No.1 and 3 and hence, matter adjourned for dismissal to 25/09/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: As Court is on leave, board discharged and matter adjourned to 23/10/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Shri Kalpehs Nansi, advocate for plaintiff present.
Shri Jayantilal Sakariaya, plaintiff present.
Shri Nansi has tendered affidavit of service in resepct of defendant No.1 and 2 t.o.r and marked as Exh.I.
As per affidavit defendant No.2 has been served and defendant No.1 could not be served.
Perusal of record shows that there is no report of bailiff in regard to service of notice upon defendant No.1 and 3.
Record shows vakaltanama has already been filed for defendant No.2.
Shri Nansi prays for issue of fresh notice against defendant No.1 and 3 to be served through bailiff and on his request issue fresh notice accordingly returnable on 11/12/2024.
Next Purpose: NOTICE
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Shri Staydev Sharma, advocate for defendant No.3 present.
Shri Jayantilal Sakariaya, plaintiff present.
Shri Nitin Shah, representative of defendant No.3 present.
Original notice U/o.XXI, Rule 22 of CPC, issued against defendant No.1 and 3 has been returned with service report of bailiff pasted thereon, received from the office of Dy.Sheriff of Mumbai t.o.r and marked as Exh.J.
As per service report notice has been served upon defendant No.3 and returned unserved upon defendant No.1.
Shri Sharma seeks time to file vakalatnama and reply for defendant No.3.
Hence, for vakalatnama and reply of defendant No.3 and for taking steps against unserved defendant No.1, matter adjourned to 16/01/2025.
Next Purpose: REPLY
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: Ms. Harsha Shah, advocate for plaintiff present.
Shri Viveka Sharma, advocate for defendant No.3 present.
Shri Sharma has tendered vakalatnama for defendant No.3 t.o.r and marked as Exh.K.
Shri Sharma seeks time to file reply of defendant No.3.
Ms. Shah submits that defendant No.1 is partnership firm and defendant No.2 and 3 are the partners, further stating that vakalatnama for defendant No.2 is already on record.
For the present, for reply of defendant No.2 and 3 matter adjourned to 28/02/2025.
Next Purpose: REPLY
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: Shri. Kalpesh Nansi, advocate for plaintiff present.
Shri. Satyadev Sharma, advocate for defendant No. 3 present.
Shri. Sharma has tendered affidavit in reply of defendant No.3, t.o.r. and marked as Exh.J.
However, on perusal of the said affidavit it is seen that the same cannot be treated as an affidavit in reply to the present execution application.
Shri. Sharma submits that seeks time to file appropriate affidavit in reply in the matter for which matter adjourned to 08/04/2025.
Next Purpose: REPLY
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: As court is on leave, board discharged, matter adjourned to 18/06/2025.
Next Purpose: REPLY
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: Shri. Kalpesh Nansi, advocate for D.H. present.
Shri. Vivek Sharma, advocate for J.D. No. 3 present.
D.H. present.
J.D. No. 3 present.
Ld. Advocate for J.D. No. 3 filed an application/pursis that appeal is filed before Hon. High Court and it is at the stage of filing paper book, t.o.r. and marked as Exh. L.
Ld. Advocate for D.H. filed two orders in order dated 17/10/2019 Hon. High Court directed to proceed with the Execution of Decree. And in order dated 07/10/2021 Hon. High Court dismissed the first appeal.
Vakalatnama of J.D. No. 2 is already on record.
Ld. Advocate for D.H. submit that J.D. 2 and 3 are the partners of J.D. No. 1. So as per partnership Act there is no need to serve J.D. No. 1 again.
Ld. Advocate for D.H. orally praying for issue of Warrant U/o XXI, Rule 43 and Rule 54, request granted.
Issue warrants as prayed for.
Matter adjourned to 10/09/2025.
Next Purpose: REPORT
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Ms. Kavita Mungase h/f Kalpesh Nancy, advocate for D.H. present.
Shri. Vivek Sharma, advocate for J.D. No. 3 present.
Ld. Advocate for D.H. praying for extension of time to serve the Warrant U/o XXI, Rule 43 and Rule 54 of CPC.
By consent matter adjourned to 06/11/2025 for report of Warrant.
Next Purpose: REPORT
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: Shri. Kalpesh Nancy, advocate for D.H. present.
Shri. Anand Fernandes h/f Vivek Sharma, advocate for J.D. present.
D.H. present.
Shri. Nitin Shah, representative of J.D. present.
Ld. Advocate for D.H. praying for extension of time to serve Warrant of Attachment U/o XXI, rule 43 of CPC.
Ld. Advocate for D.H. submit that First Appeal filed by respondent came to be dismissed on 07/10/2021, there is no stay to the decree.
Hence extension is granted for service of Warrant.
Matter adjourned to 12/12/2025 for service report of Warrant.
Next Purpose: REPORT
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: Shri. Vivek Sharma, advocate for J.D. present.
D.H. present.
Ms. Rashmi Shah, representative of J.D. present.
Ld. Advocate for J.D. submit that appeal against decree is filed before Hon. High Court and seeks adjournment.
By consent matter adjourned to 02/02/2026 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Shri Vivek Sharma advocate for J.D No.3 present.
Shri Nitin Shah, representative of J.D No.3 present.
None for D.H.
Ld. Advocate for J.D. stating that Appeal pending before Honourable High court.
Above appeal listed on 12/02/2026 hence, matter adjourned to 05/03/2026, for hearing.
LO
Shri Dalla, h/f Kalpesh Nansi, advocate for D.H appeared and he has been informed about today roznama and next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: Shri. Anil Fernandis, advocate for J.D. present.
None for D.H.
Ld. Advocate for J.D. submit that appeal filed before Hon. High Court is listed and seeks time, request allowed.
D.H. to take steps.
Matter adjourned to 29/04/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Shri.Girish Pawar, Advocate for DH present.
Shri.Nitin Shah, Representative of JD present.
Shri.Jayantilal Sukariaya DH present.
Ld advocate for JD appeal is filed before the Honble high court but there is no stay to the present EA.
Both the parties praying for time to take steps.
By Consent Matter adjourned to 16/06/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2026

Date: 16-06-2026
Business: Shri.Vivek Sharma, Advocate for JD no.3 present.
DH present.
Ld Advocate for JD no.3 stated that Appeal is pending before Honble High Court and seeking for time.
Matter adjourned to 07/07/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: DH present.
Shri. Vinod Sharma, advocate for JD present.
Ld advocate for JD states that Appeal is pending before Honourable High Court.
By Consent, Matter adjourned to 27/07/2026, for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: DH present.
Shri. Vivek Sharma advocate for JD no.3 present.
Ld advocate  filed pursis alongwith copy of order passed by Honourable High Court.
Ld advocate for DH tender copy of order passed by Honourable High Court dated 10/07/2026 Coram Arif S. Doctor. J in CA no. 2805/2017 in First Appeal No. 1018/2017 TOR and Marked as Exh.M.
As matter is stayed before Honourable High Court against JD no.03.
Matter adjourned to 21/09/2026 for stayed/taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: Not on Board, Taken on Board.
Copy of writ vide F.A. CIV NO. C030 4674/2026 dated 24.07.2026.
Order passed by Honourable High Court dated 10/07/2026 Coram Arif S. Doctor. J in CA no. 2805/2017 in First Appeal No. 1018/2017 kept in R and P.
Matter adjourned to 21/09/2026 for stayed/taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: Parties and advocate are absent.
Parties are directed to submit the status report of Appeal filed before Honourable High Court.
Matter adjourned to 02/11/2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-11-2026

Main Case No: SUIT/0108541/2002
Main Cnr: MHCC010067202002
Main Filing No: 111447

Filing Number: 110529/2019
Filing Date: 22-10-2019
First Hearing Date: 08th November 2019
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI