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EXECUTION APPLN

Mr. Subhash Sopan SherekarVsMohammad Rafiq Mohammad Khan

CNR MHCC01011474201985-COURT NO 85 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 13th August 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100449/2019
Registration Date
11 Nov 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: 25-11-2019
    Business: Shri. Ramesh  Jain, Advocate for Plaintiff Present.
    On request of Shri. Jain, for taking steps, adjd to 26/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Shri Ramesh Jain, Advocate for Plaintiff present.  Shri Jain prays for issue of Warrant u/o.XXI, Rule 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrant as prayed for, returnable on 24/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Business: In view of Office Order No.67 of 2020 issued in pursuance Circular dated 20/03/2020 issued by Honourable High Court, Bombay, matter is adjd to 23/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Parties and advocate are absent adjourned to 27/01/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Shri Ramesh Jain, advocate for plaintiff present.
    On request of Shri Jain, adjourned to 15/02/2021.
    Later on-Shri B.N.Shukla, Advocate for Defendant appeared and submitted that the stay on execution of warrant of attachment is continued till 15/02/2021 as per Orders passed by Court No.28 in Notice of Motion No.4821 of 2019.
    Shri Shukla has tendered vakalatnama for defendants t.o.r. and marked as Exh.B and the execution application which has not been marked as  exhibit is now marked as Exh.A(Colly.)
    Next Purpose: FOR___________________
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: None for Plaintiff. Shri B.N. Shukla Advocate for defendant present.
    Shri Shukla states that the Notice of Motion No.4821 of 2019 in the matter is pending before Court No.28 and presently adjourned to 11/06/2021, wherein stay granted has been continued.  He further states that the copy of Exe.Application has not been served on defendant till date.
    Hence, on request of Shri Shukla matter adjourned to 11/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 11/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Shri S.R.Pathak advocate for defendant present.
    None for plaintiff.
    Shri Pathak states that presently the Notice of Motion wherein the stay has been granted has been continue further and the said Notice of Motion is now transferred to Court room No.15 and adjourned to 20/11/2021.
    Hence, On request of Shri Pathak matter adjourned to 22/11/2021.
    L.O. Shri Ramesh Jain advocate for plaintiff appeared and made aware about the above roznama.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Shri S.R.Pathak, Advocate for defendant present.
    None for Plaintiff.
    Shri Pathak states that stay granted earlier has been continued by the Honourable Court till next date i.e. 04/01/2022 and prays that the Exe.Application be posted beyond that date.
    Hence, adjourned to 06/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Shri S.R. Pathak advocate for defendant present.
    None for plaintiff.
    Shri Pathak states that Notice of Motion preferred by defendant is pending is court and presently adjourned to 03/03/2022, wherein stay granted earlier has been continued and he therefore prays that present exe.application be adjourned  beyond that date.
    Hence, on request of Shri Pathak matter adjourned to 05/03/2022.
    LO,
    Shri Ramesh Jain advocate for plaintiff appeared and he has been informed about the above roznama.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Shri Pathak, Advocate for defendant present.
    None for plaintiff.
    Shri Pathak state that Notice of Motion preferred in the matter is presently adjourned to 19/04/2022, and therefore present exe.application adjourned to 21/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Shri S.R. Pathak, Advocate for defendant present.
    None for plaintiff.
    Shri Pathak states that stay granted in the Notice of Motion is continued and the Motion is now adjourned to 21/07/2022 in Court room. No.15 and therefore he seeks adjournment beyond that date.
    Hence, on request of Shri Pathak  matter adjourned to 25/07/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Ms. Sejal Nag advocate for defendant present.
    None for plaintiff.
    Ms.Nag states that Notice of Motion taken out in the matter is presently adjourned to 21/09/2022, by continuing the earlier order and therefore requests for adjournment beyond that date.
    Hence, on request of Ms.Nag matter adjourned to 23/09/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 23/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Shri Ramesh Jain Advocate for Plaintiff present.
    Shri Pathak advocate for defendant present.
    Shri pathak states that notice of Motion taken out in the matter is pending in C.R. No.15, and presently adjourned to 02/02/2023, by continuing the earlier order.
    Both the advocates state that it will be appropriate to refer the present matter to Court Room No.15, wherein notice of motion taken out by the defendant is pending.
    Hence, by consent of both the advocates present execution application is hereby submitted to Honourable Court No.15 on 02/02/2023.
    Office to take steps to assign this matter to Court No.15.
    Parties and advocates to appear before Court No.15 on 02/02/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Matter pertains to C.R.No.15
    None present for plaintiff/DH.
    Adv. Pathak for defendant/JD present.
    Defendant/JD present.
    Ld. Adv. for defendant/JD sought time.
    Matter Adjd for steps on 29/03/2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: None for DH
    Adv. B.M. Shukla for  JD/defendant present.
    JD/ defendant present.
    Ld. advocate for JD he submitted stay on Execution of warrant of attachment is continue till today as per order passed by C.R. No. 28 in NM 4821/19 and said stay order is continue till next date.
    Matter Adjd for NM  on  10/04/2023 at 2.45 pm .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Matter pertains to C.R.No.15
    None present for plaintiff/DH
    Adv. Pathak for defendant/JD present.
    On the oral request by Ld. Adv. for defendant/JD, the order dt.20.12.2019 is continued till next date.
    Matter Adjd for steps on 27/06/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None present for plaintiff.
    Adv.B.N. Shukla present for defendant.
    Defendant present in person.
    L.O. at 3.15 pm.
    Adv. Ramesh Jain present for plaintiff.
    Heard both side. The plaintiff seeking time, put up for hearing on NM 4823/19.
    Matter stands adjourned for hearing on 26-07-2023
    at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Adv.present for plaintiff.
    Adv. Shukla for defendant.
    KB
    L.O. at 3.15pm.
    Adv. Ramesh Jain present for plaintiff.
    Adv.B.N. Shukla present for defendant.
    Earlier order, if any, to continue to further order.
    By Consent Matter stands adjourned for NM hearing on 17-10-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Matter pertains to C. R. No.15
    Decree holder and his counsel are absent.
    Adv. Pathak h/f B. N. Shukla for judgment debtor is present.
    Earlier order to continue till the next date.
    Matter is adj to 11.12.2023 for reply of plaintiff.
    Next Purpose: REPLY
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Adv.Ramesh Jain present for  DH/plaintiff. Seeking time. Time is granted.
    Adv.B.N. Shukla present for JD/defendant.
    Earlier order, if any, to continue to further order.
    Matter stands adjourned for reply on 09-02-2024.
    Next Purpose: REPLY
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for Decree Holder  present.
    Adv. Satsang Tailor h/f Adv. B. N. Shukla Judgment Debtor present.
    Earlier order to continue, if any till next date.
    Matter stands adjourned to 16.04.2024 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: None present for Decree Holder.
    Adv.B.N. Shukla present for Judgment Debtor.
    Kept back.
    L.O. at 12.40 pm.
    Adv. Madhuri Shirke i/b Ramesh Jain present for Decree Holder.
    Adv.B.N. Shukla present for Judgment Debtor.
    Earlier order if any, continue till the next date.
    Heard the argument of Judgment Debtor.
    Matter stands adjourned for Notice of Motion hearing
    on 14-06-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: None present for Decree Holder.
    Adv. B.N. Shukla present for Judgment Debtor.
    Matter stands adjourned for Notice of Motion hearing
    on 18-07-2024 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Adv.Ramesh Jain present for Decree Holder.
    None present for Judgment Debtor.
    Matter pertaining to afternoon session.
    L.O. at 2.55 pm.
    None present for Decree Holder.
    Judgment Debtor alongwith Adv. B.N. Shukla present.
    Heard the counsel of Judgment Debtor.
    It is submitted that the now the Judgment Debtor has retired from service on 30-06-2022.
    Earlier order if any, continue till next date.
    atter stands adjourned for Notice of Motion hearing
    on 28-08-2024 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: Adv. Ramesh Jain present for Decree Holder. Seeking time. Time is granted as last chance.
    None present for Judgment Debtor.
    Matter stands adjourned for Notice of Motion hearing
    on 14-11-2024
    at 2.45 pm.
    L.O. at 3.30 pm.
    Adv. B.N. Shukla present for Judgment Debtor.
    The order dated 20-12-2019, shall continue till disposal of the
    Notice of Motion No.4823/19.
    Matter is already adjourned for Notice of Motion hearing
    on 14-11-2024 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: None present.
    Kept back.
    Later on at 3.00 pm
    None present.
    Matter stands adjourned for Notice of Motion hearing
    on 08-01-2025.
    Later on at 4.00 pm
    Adv. B. N. Shukla present for Judgment Debtor.
    Matter stands adjourned for Notice of Motion hearing
    on 08-01-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: As court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
    Adv.Ramesh Jain present for DH.
    Adv. B N Shukla present for JD.
    JD is present.
    Matter stands adjourned to 20-09-2025 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: None present for Decree Holder/plaintiff.
    Adv. Deepak Shukla for defendant/ Applicant in Notice of Motion.
    Heard the argument of defendant/ applicant on Notice of Motion.
    Matter stands adjourned to 25-11-2025 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2025
    
    Date: 25-11-2025
    Business: None present.
    Kept back.
    Later on at 1.30 pm.
    None present for Decree Holder.
    Adv.S.K. Gupta h/f B.N. Shukla present Judgment Debtor.
    Decree Holder and his advocate are absent.
    Matter stands adjourned to 29-01-2026 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2026
    
    Date: 29-01-2026
    Business: Parties are absent.
    Adv. Ramesh Jain present for Decree Holder.
    Adv. Deepak Shukla for Judgment Debtor.
        E.A. is pending since last 6 yrs.
    Matter stands adjourned to  30-01-2026 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: None present for Decree Holder.
    Adv. Deepak Shukla present for Judgment Debtor, tendered list of document TOR marked as Exh.14
    Matter stands adjourned to 11-03-2026 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-03-2026
    
    Date: 11-03-2026
    Business: As the presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 15-04-2026
    
    Date: 15-04-2026
    Business: P.O. is on Leave. Hence, matter is adjd to.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2026
    
    Date: 02-05-2026
    Business: As the court is busy in dictating a part-judgment in Suit No. 6944/2005 and in Commercial Suit 398/2024 hence, rest of the Civil Board stands discharged.
    Next Purpose: HEARING
    Next Hearing Date: 22-07-2026
    
    Date: 22-07-2026
    Business: Advocate Deepak Shukla for  present. He submit that this is the E.A.
    filed for the execution of exparte decree. Subsequently said exparte
    has been set-aside the suit is restored. Summary Suit No. 1297/2018
     though restored, is transfeed to the Court No.84 as reflects on CIS.
    Therefore, this E.A. is required transfer to the said Court.
     Issue request letter to P.J for transfer of this Suit.
     Matter stands adjourned to 13.08.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-08-2026
    
    Date: 13-08-2026
    Business: None present for Judgment Debtor.
    Adv. Deepak Shukla Judgment Debtor through video conference.
    On the last date directions were given to the issue letter to Principal Judge to transfer this matter C.R. No.84. In the meantime as per letter bearing O.W. 888/2026 dated 05-08-2026, the Honble Principal Judge has allowed to transfer all connected matters to one Court. On verification on CIS it seems that Summary Suit No.1297/2018 is restored and placed on todays board in C.R. No.84 As the suit has been restored by setting aside Ex-parte decree, the present application has been become infructuous. Hence, E.A. NO.449/2019 is disposed of as infructuous. E.A. be removed from board.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 13-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 111207/2019
    Filing Date: 11-11-2019
    First Hearing Date: 25th November 2019
    Decision Date: 13th August 2026
    Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Aug 2026
    Order Details: Other
    Pdf Text: 13-08-2026
    Sr. No. 45
    EA 449/19
    CORAM :- H.H.J. SHRI RAMLING SHYAM KANADE(CR.85)
    None present for Judgment Debtor.
    Adv. Deepak Shukla Judgment Debtor through video conference.
    On the last date directions were given to the issue letter to Principal
    Judge to transfer this matter C.R. No.84. In the meantime as per
    letter bearing O.W. 888/2026 dated 05-08-2026, the Hon’ble
    Principal Judge has allowed to transfer all connected matters to one
    Court. On verification on CIS it seems that Summary Suit
    No.1297/2018 is restored and placed on today’s board in C.R. No.84
    As the suit has been restored by setting aside Ex-parte decree, the
    present application has been become infructuous. Hence, E.A.
    NO.449/2019 is disposed of as infructuous. E.A. be removed from
    board.
    Judge
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