Shri, Sadanand Raghunath Tendolkar and Anr.Short Cause Suit No - 270 of 1988VsSmt. Ratna R. Shetty

Date: 26-11-2019
Business: Shri. S.N. Kadam, advocate for the plaintiff present.
As the exe.application is for issue of Warrant of Possession, on request of Shri. Kadam, issue notice to the defendant to show cause as to why warrant of possession should not be issued, returnable on 09/12/2019.
Shri. Kadam further states that Court Receiver has already been discharged as per decree.
On request of Shri. Kadam short service by humdast, private service is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Shri. S.N. Kadam, advocate for the plaintiff present.
None for the defendant.
Exe.application marked as Exh-A(Colly).
Shri. Kadam has tendered the original notice with signature thereon of the defendant in token of receipt of notice, t.o.r. and marked as Exh-B.
Shri. Kadam has also tendered affidavit of service, t.o.r. and marked as Exh-C.
Shri. Kadam prays for issue of warrant of possession by making the notice absolute as the defendant though served neither appeared nor filed any reply.
Hence, upon perusing the affidavit of service issue warrant of possession as prayed for, returnable on 11/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Shri. S.N. Kadam, advocate for the plaintiff present.
Ms. Ingrid Gomes, advocate for the defendant present.
As Court is on leave, board discharged and adjd to 20/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Kadam for DH present.
Adv. Parikh for JD present.
Heard both sides.
Ld. counsel for JD submitted that Hon\''ble High Court had granted stay to the execution on 01.11.2018 in the First appeal st. no.6831/18 and matter was adjourned to 10.01.2019. Thereafter, the stay continued till 11.04.2019, when interim protection granted earlier was continued till next date i.e. 03.07.2019. However, on that date matter did not appeared on board of the Hon\''ble High Court and now the matter is fixed on 03.01.2020.  In view of the above he submitted that stay continues till 03.01.2020.
On the other hand Ld. counsel for DH submitted that there is no continuation of stay after 03.07.2019. Therefore, the execution should proceed.
Considering the submissions made by the Ld. counsel for both the sides.
Matter stands Adj for hearing to 07.01.2020 at 1.00 pm.
Next Purpose: HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv. Parera for JD present and filed true copy of order passed by Hon\''ble High Court in First Appeal no. 745/18.
As per order passed by Hon\''ble High Court in FA no. 745/18, Ad-interim relief, if any granted earlier, to continue till 21.02.2020.
Hence, Matter stands Adj for hearing to 26.02.2020.
Next Purpose: HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Kadam for DH present
Adv. Gomes for JD present.
Heard both sides. It is informed that FA no. 745/18 is pending before the Hon\''ble High Court. Ad-interim relief was continued till 21.02.2020. Thereafter, there is no further order as Hon\''ble Court was not sitting on 24.01.2020. Now the FA stands adjourned to 03.09.2020.
In view of the above, Ld. counsel for JD is directed to ascertain whether interim relief granted by the Hon\''ble High Court in the First Appeal has been continued or not and inform this court accordingly on the next date.
Matter stands Adj for taking steps/hearing to 28.04.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for DH and JD.
Matter stands Adj for taking steps to 02.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Court is on leave. Hence board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adjourned due to COVID 19 pandemic
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Matter called out at 12.48 p.m.
None present.
Matter stands adjourned to 14.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Matter mentioned at 11.41 a.m.
DH through his Adv. S. N. Kadam present.
It appears from the uploaded orders of First Appeal No.745/18 that the Hon\''ble High Court vide order dated 01.11.2018, granted stay to the execution of decree which was continued till 10.01.2020.  However, although matter was listed on 14.01.2020 and 24.01.2020 but interim orders are not continued even after expiry of 6 months period.
Looking to the fact that the decree passed in suit of year 1988 and the plaintiff is Senior citizen and till date no High Court writ is received to this court, extending interim relief and from the website it does not seems that the interim orders granted on 01.11.2018 is continued after 21.02.2020.
Hence, Issue notice of appearance to the JDR through bailiff.
Matter stands adjourned to 07.01.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Matter called out at 12.46 p.m.
Adv. S. N. Kadam for DH present.
This court vide order dated 14.12.2021 issued notices to the defendants.
Bailiff report received. TOR. Exh.2 stating that the defendant Ratna Shetty was not found at the address and her granddaughter was found in the house.
I am of the view, that this is sufficient compliance of the intimation to the defendant.
By way of one more opportunity, matter stands adjourned to 11.02.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Matter called out at 12.45 p.m.
Adv. S. N. Kadam for DH present.
None present for JDR.
In spite of specific order passed by my predecessor as well as this court, DH has not clarified whether the stay granted by Hon\''ble High Court is extended or not. Therefore, without clarification this court is unable to proceed further.
Matter stands adjourned to 23.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. S. N. Kadam for plaintiff present. He tendered affidavit for clarifying about stay in the Honble High Court. TOR. Exh.03.
As per the Bailiff report (Exh.02), the defendant was out of house for some work when the bailiff appeared on the given address with no fix time of his return. The bailiff was required to comply the order under Order 5 Rule 17 and to affix the notice on the conspicuous address. Hence, re-issue notice with direction to the bailiff to affix the notice on the address on charges the DH.
None present for defendant.
Matter stands adjourned to 19.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. S. N. Kadam for DH present.
Adv. Pereira for JD present. He is seeking time for filing affidavit that the stay is in operation. Time granted.
Matter stands adjourned to 19.09.2022 for filing affidavit.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Pereira for JD present.  He tendered application. TOR. Exh.04.
As per the contention of JD, the matter is stayed as per the order of Hon\''ble High Court dated 10.01.2020 in FA No.745/2018 and submitted that the said order is still continuing. Hence, matter adjourned as stayed.
None present for DH.
Matter stands adjourned to 04.11.2022 for stayed.
Later on at 11.43 a.m.
Adv. S. N. Kadam for DH present.
Already adjourned to 04.11.2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Representative of DH  present.
Adv. Pereira for JD present.
Matter stands adjourned to 18.01.2023 for stayed.
Later on mentioned at 12.03 p.m.
DH a/w Adv. S. N. Kadam present. He tendered additional affidavit. TOR.
Exh.05.
O-otherside to say.
He is directed to serve the copy of the same to the JD.
Already adjourned to 18.01.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Kadam for DH present.
Adv. Rajesh Shetty (authorized person of JD) present.
Heard the advocate of DH and the authorized person of JD. As per the order of Hon\''ble High Court in first Appeal 745/2018 dated 10.01.2020 the matter stands over to 21.02.2020 and ad-interim relief order to be continued till then. It is submitted by the  authorized person of JD, the matter is not taken up for hearing on 21.02.2020 hence, I am of the view that stay is continued in operation till matter is taken up for hearing by Hon\''ble High Court.
Matter stands adjourned on 04.05.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: None present for DH.
CA of JD a/w Adv. Parera present.
Matter stands adjourned on 17.08.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: As court is on leave, matter adjourned.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None present for Plaintiff.
Adv Parera present for Defendant.
Matter stands adjourned on  25-01-2024 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from Cr No.
None for  plaintiff.
None for defendant.
Due to formation of new court and change of assignment matter is adjourned.
Matter adjourned for Stayed  to 08-04-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
CA of  for defendant present.
Matter adjourned for  Suit stayed to 30-07-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH/ plaintiff.
Adv. V. E.Pareira for JD/defendants is present alongwith CA of JD No.1 namely Rajesh Shetty. He has filed pursis at Exh.06 alongwith copy of death extract of DH. O- Seen and filed.
Matter adjourned for stayed to 13-11-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for DHs/plaintiffs.
CA of JD/defendant namely Rajesh Shetty alongwith his advocate V. E. Pareira is present.
Matter adjourned for EA stayed to 13-03-2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: None for DH.
CA of JD a/w his Adv. V. E. Pereira for JD is present.
Matter adjourned for suit stayed to 28.07.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Adv. S. N. Kadam for DH is present and filed VP. TOR. Marked as Exh-06. He also tendered draft CS a/w affidavit in support. O- Leave is granted to register. Copy is served upon CA of JD.
CA of JD is present.
Matter adjourned for tendering registered CS/ stayed to 07.10.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. S. N. Kadam for applicant in CS is present and tendered registered CS No.2018/25 a/w affidavit in support. He also filed affidavit of service in CS. TOR.
CA of JD is present.
Matter adjourned for reply to CS and EA is stayed to 13.11.2025.
Later on at 12.35 p.m.
Adv. Pareira for JD is present.
Matter adjourned for reply to CS and EA is stayed to 13.11.2025.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
CA of JD is present and filed reply to CS No.2018/2025. TOR. Copy be served upon other side.
Matter adjourned for suit stayed to 30.01.2026.
Later on at 3.16 p.m.
DH is present.
CA of JD is present. Copy of CS reply is served upon DH.
Matter adjourned for suit stayed to 30.01.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. S. N. Kadam for DH is present and filed draft CS a/w affidavit in support. O- Leave is granted to register CS. TOR. Copy is served upon other side.
CA of JD is present.
Matter adjourned for suit stayed and tendering registered CS to 11.03.2026.
Later on at 3.01 p.m.
Adv. V. E. Pereira for JD is present.
Matter adjourned for suit stayed and tendering registered CS to 11.03.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: Court is on leave, matter adjourned
Next Purpose: SUIT STAYED
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. S. N. Kadam for DH is present and tendered registered CS No.268/2026 a/w affidavit in support. He submitted that he has also served the copy of CS upon the defendants. In support of this he has also filed service affidavit. TOR.
None for JD.
K.B.
Later on 11.47 a.m.
CA of JD is present.
Matter adjourned for suit stayed to 18.08.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: P. O. is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 14-10-2026

CHAMBER SUMMONS/100268/2026

Registration Number: 100457/2019
Transfer Date: 20-12-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100457/2019
Transfer Date: 23-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 111827/2019
Filing Date: 11-11-2019
First Hearing Date: 26th November 2019
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE