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EXECUTION APPLN

Mr Dinesh Khimji JitiyaVsMr Bandu Damodar Hindlekar +1 more

CNR MHCC01011717201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 21st April 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100463/2019
Registration Date
16 Nov 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 warrant

    Case History / Proceedings

    Case History
    Date: 28-11-2019
    
    Date: 29-11-2019
    
    Date: 26-03-2020
    
    Date: 07-04-2020
    
    Date: 16-06-2020
    
    Date: 29-07-2020
    
    Date: 22-09-2020
    
    Date: 03-11-2020
    
    Date: 18-12-2020
    
    Date: 23-02-2021
    
    Date: 24-11-2022
    
    Date: 06-01-2023
    
    Date: 17-03-2023
    
    Date: 11-07-2023
    
    Date: 02-09-2023
    
    Date: 02-11-2023
    
    Date: 06-02-2024
    
    Date: 26-03-2024
    
    Date: 20-06-2024
    
    Date: 02-08-2024
    
    Date: 16-08-2024
    
    Date: 06-09-2024
    
    Date: 17-10-2024
    
    Date: 27-11-2024
    
    Date: 18-12-2024
    Business: Both parties and their advocate are absent.
    Matter is adj to 06/02/2025 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 06-01-2025
    
    Date: 06-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for decree holder is present.
    Matter is fixed for order on Garnishee Notice. The plaintiff to file extract of amount due. Hence, Matter is adj to 07.02.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-02-2025
    
    Date: 07-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Decree holder and his advocate are absent.
    Matter is adj to 12.03.2025 for taking steps.
    Later on at 12.42 pm
    Adv. B. S. Patil for decree holder is present.
    Matter is adj to 12.03.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Decree holder is given last chance to take the steps.
    Matter is adj to 21.04.2025 for taking steps.
    Later on at 11.56 pm
    Adv. B. S. Patil for decree holder is present.
    Matter is adj to 21.04.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for Decree holder is present.
    Order below Exh-1
    On perusing affidavit of service at Exh-3, it appears that Garnishee notice is served on the Garnishee on 22.08.2023, as per bailiff report. Further, it appears that Garnishee failed to appear in the matter. As per the decree holder, an amount of Rs.6,52,731.62 is due till 19.10.2022 against judgment debtor. As per Garnishee, letter dated 01.11.2022, an amount of Rs.4,42,161/- is due against judgment debtor. Further, it appears from Sheriff certificate that an amount of Rs.10,000/- is paid by Garnishee on 02.05.2022. It appears from statement of interest submitted by decree holder, balance due Rs.4,70,163.02. However, in Garnishee notice decree holder has claimed interest from 19.04.2017 to 19.10.2022. The record shows that Garnishee has paid interest from time to time between 2020 to May 2022. It appears that as per statement of interest, an amount of interest Rs.2,64,369.77 is due.  As per Garnishee notice decree holder is claimed an amount of Rs.6,52,731.62. Thus, it appears after service of Garnishee notice, Garnishee failed to appear and to file reply or comply with the Garnishee notice.  Hence, Garnishee notice is made absolute. Decree holder to take steps against the Garnishee as per Order-21, Rule-46(B) of Civil Procedure Code.
    Execution application is disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 21-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 112053/2019
    Filing Date: 16-11-2019
    First Hearing Date: 28th November 2019
    Decision Date: 21st April 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Apr 2025

    Order Details: Other Pdf Text: 36 21/04/2025 EXE. APP. 463/19 @ SUM 607/17 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv. B. S. Patil for Decree holder is present. Order below Exh-1 On perusing affidavit of service at Exh-3, it appears that Garnishee notice is served on the Garnishee on 22.08.2023, as per bailiff report. Further, it appears that Garnishee failed to appear in the matter. As per the decree holder, an amount of Rs.6,52,731.62 is due till…

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