EXECUTION APPLN
Jain Surekha Konkan Division, Mumbai Appl. No. 123 of 2017VsMrs. Surve Hafiza Ismail
CNR MHCC01012329201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 100487/2019
- Registration Date
- 28 Nov 2019
- Next Hearing Date
- 26 Nov 2026
- Case Stage
- REPORT
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant
Case History / Proceedings
Case History
Date: 10-12-2019
Business: Ms. Anusha Shetty, advocate for the plaintiff present.
On request of Ms. Shetty, issue notice before execution, as it being transfer decree, returnable on 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Ms. Anushka Shetty, advocate for the plaintiff present.
Shri. Shailesh Pal, advocate for the defendant present. Ms. Ashmat Surve, representative of defendant present.
Exe.application marked as Exh-A(Colly).
Ms. Shetty has tendered original notice alongwith service report endorsed thereon, proving service against defendant, t.o.r. and marked as Exh-B.
Copy of exe.application has been served upon the representative of the defendant across the bar.
Advocate for the defendant undertakes to file Vakalatnama by next date and seeks time to file reply.
Hence, by consent, for reply of the defendant, adjd to 04/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Ms. Anusha Shetty Advocate for plaintiff present
Ms. Ashmat I. Surve representative of defendant present.
Ms. Surve seeks time to file reply. Ms. Shetty strongly objects.
However, in the interest of justice, adjournment granted by way of last chance to file reply and by consent matter adjourned to 26/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None for plaintiff. Smt. Hasmatibi Ismaile Umar Surve daughter of defendant present.
Smt. Surve seeks time and on her request adjourned to 02/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: None for plaintiff.
Ms. Hasmatbi Surve Ismaile Umar Surve representative of defendant present.
Ms. Hasmatbi has tendered medical certificate dated 01/02/2021, in respect of defendant, t.o.r. and marked as Exh.C.
Ms. Hasmatbi relying on the said certificate seeks three months adjournment.
However, it will not be appropriate to grant such longer adjournment and considering the medical certificate filed today, matter adjourned to 03/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Ms. Anusha Shetty advocate for plaintiff present.
None for defendant.
On request of Ms. Shetty awaiting reply of defendant, matter adjourned to 09/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 09/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Parties and Advocate absent matter adjourned to 12/11/2021.
LO Shri Satish Jaiswal advocate for plaintiff appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Ms. Heena M.A. advocate for defendant present.
None for plaintiff.
Ms.Heena filed Vakalatnama of Defendant, t.o.r., marked as Exh-D.
Ms.Heens seeks time to file reply and on her request, matter adjourned to 07/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Ms. M.A. Heena, Advocate for defendant present.
None for plaintiff.
Ms.Heena has tendered adjournment application t.o.r and marked as Exh.E.
Upon hearing Ms.Heena adjournment application granted and matter adjourned to 02/02/2022.
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 09/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Ms.Anusha Shetty, Advocate for plaintiff present.
None for defendant.
Ms.Shetty states that till date no reply is filed by defendant.
However, in the interest of justice, matter adjourned for reply of defendant, by way of last chance to 13/04/2022.
L.O.
Ms.Heena M.A., Advocate for defendant appeared with unaffirmed reply of defendant and she has been directed to file the reply duly affirmed. She has also been informed about the next date given in the matter, with request to furnish the copy of reply in advance to the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Ms. Hina, Advocate for defendant No.1 present.
None for plaintiff.
Ms. Hina filed reply of defendant No.1 t.o.r and marked as Exh.F.
As none appeared for plaintiff, on request of Ms. Hina, adjourned to 23/06/2022.
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 08/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Shri Satish Jaiswal advocate for plaintiff present.
Ms. Heena, advocate for defendant present.
By consent, matter adjourned to 10/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Shri Satish Jaishwal, Advocate for plaintiff present.
On request of Shri Jaishwal, matter adjourned to 17/09/2022, by granting him last chance to procure the copy of reply filed by defendant.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: As Court is on leave, board discharged and matter adjourned to 14/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Shri Satish Jaiswal, advocate for plaintiff present.
Shri Jaiswal, states that copy of reply filed by defendant has not been served upon him.
However, upon filing of reply by defendant matter has become contested and in view of provisions section 8(2)(c), of the Bombay City Civil Court Act, 1948, by consent of Shri Jaiswal, matter is hereby submitted to Honourable Court on 17/11/2022, as per assignment.
Office to takes steps to assign the matter to the Honourable Court.
Parties and advocates to be appear before the Honourable Court on 17/11/2022, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv. Kartik Malusare for D.H. present.
None for J.D.
Matter is adjd.to 10-02-2023 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: None for Decree holder
None for Judgment debtor
Matter is adjd.to 17-04-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None for Decree holder .
None for Judgment debtor
Matter is adjd.to 17-06-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Court is on leave, matter adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Kartik Bhanusare for DH present.
None for JD present.K. B
L. O.
Adv. Kartik Bhanusare for DH present and filed application for restraining M/s. Bharat Mohan developers and builder to pay rent to JD till furhter order of the Court. Application taken on record and marked as Exh. G. O-Call the say of JD
None for JD present.
Matter adjourned for reply and hearing to 08/11/2023.
Next Purpose: REPLY
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Kartik Malusare h/f A. K. Menon for DH present and filed affidavit of service. TOR.
None for JD present.
On behalf of JD stay application filed as per order 21 rule 26 of CPC r/w 151 of CPC. O-Call say of other side.
Matter adjourned to 04/01/2024 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Adv. Kartik Malusare h/f A. K. Menon for DH present and filed reply to Exh. H. TOR, and marked as Exh. I. Copy of reply placed on record.
None for JD present.
Matter adjourned for hearing on Exh. H and reply on execution petition by JD to 13/02/2024.
Next Purpose: HEARING
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: None for DH present.
Adv. Hafiza for JD present.
Matter adjourned for hearing to 03/04/2024.
Next Purpose: HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: None for plaintiff present.
None For defendant present. KB.
L. O.
Adv. A. K. Menon for DH present.
Heard Ld. Advocate for DH.
KB for order………….
ORDER ON EXH. H.
Today an application Exh. J is moved by Judgment Debtor to adjourn the matter on the ground that his advocate is ill. In support of his contention Judgment Debtor has file Xerox copy of Medical Paper along with Exh. L. The matter was kept for hearing on Exh. H whereby Judgment Debtor asked to stay the Execution of decree on the ground that the decree holder has not come before the court with clean hand and Judgment Debtor wants to prefer appeal.
It is submission of Ld. Advocate for Decree Holder that an appeal preferred by Judgment Debtor against the decree is disposed off. Besides such ground there is no reason put forth at the instance of Judgment Debtor to stay the execution. Therefore an application Exh. H deserves to be rejected.
The Decree Holder has tendered xerox copy at Exh. K to show that Judgment Debtor has interest over property bearing no. 164 in one Adarsh Ekta Sahakari Grahnirman Santha, 1/1, Adarsh Chawl, Alidada Estate, S. G. Barve Marg, Kurla (East), Mumbai-24. It is his submission that though said property is under construction, rights and interest of Judgment Debtor can be attached over said property. Vide Exh. H Judgment Debtor also contends similar fact. However Judgment Debtor does not deny that he has interest over said property. The order under execution was passed on 07/04/2018. Considering all these facts it is essential to note that the Judgment Debtor failed to obey the order since year 2018. Therefore there is every possibility that Judgment Debtor will dispose off the aforesaid property with intent to avoid execution of order. Therefore such property needs to be attached. Thus following order is passed :-
1) Issue warrant of attachment in respect of property bearing no. 164 in one Adarsh Ekta Sahakari Grahnirman Santha, 1/1, Adarsh Chawl, Alidada Estate, S. G. Barve Marg, Kurla (East), Mumbai-24.
2) Accordingly application Exh. H and Exh. J are hereby rejected.
Matter adjourned for compliance to 06/05/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: P.O. is on leave, matter is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. Kartik Malusare for DH present and seek time to take steps. Time granted till next date.
None for JD present.
Matter adjourned for steps to 20/09/2024.
L. O.
Adv. Heena M. A. for defendant present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Adv. Anil Kumar Menon for DH present and filed affidavit of service at Exhibit-J. Taken on record.
None for JD present.
Matter adjourned for order on Exhibit-G to 08/10/2024.
L. O.
Adv. Iffat Arif Khan h/f Heena Mustaq Ahmed for respondent present.
Next Purpose: ORDER
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: None present. KB..
L. O.
Adv. Kartik Malusare h/f A. K. Menon for DH present. He seek time to file affidavit to bring on record how much rent Judgment debtor receive. Similarly advocate for Judgment debtor submit that on next date, she will file application to oppose the execution of decree. Considering submission of both sides, both are granted last chance to proceed with the matter.
Next date is fixed by consent of both parties.
Matter adjourned to 23/10/2024 for steps at 12.00 PM.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: None present. Kept Back..
L.O.
Advocate for DH present and seek time to take steps. Time granted till next date.
Matter adjourned for steps to 13/11/2024.
L. O.
Adv. Heena M. A. for JD present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Adv. for DH present and filed application to issue warrant of attachment at Exhibit-J along with affidavit in support thereof. He also filed affidavit of service of application at Exhibit-J upon Judgment Debtor and garnishee. He submit that service is complete. Affidavit of service is marked at Exhibit-K. O- Application at Exhibit-J kept for consideration.
Matter adjourned for consideration to 12/12/2024.
L. O.
Adv. Heena Mushtaq Ahmed for JD Present.
Next Purpose: CONSIDERATION
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: PO is on leave hence matter adjourned
Next Purpose: CONSIDERATION
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. D.K. Menon for DH present.
None for JD present.
Heard for decree holder on Exh.J & H.
Kept Back.
None present at about 1.24 pm.
Considering submission of ld advocate for the decree holder and contents of agreement at Exh. ‘K’ the application at Exh. J deserves to be allowed. Accordingly an application Exh. ‘J’ is allowed in terms of prayer clauses. Accordingly attachment warrant be issued and it be executed by regular mode of execution and also in terms of prayer made vide Exh.J. Accordingly application Exh. J stands allowed.
None for Judgment detor pressed application Exh. H hence filed.
Matter adjourned for Report to 17.04.2025
Next Purpose: REPORT
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Adv. A. K. Menon for DH present.
Matter adjourned to 25/04/2025 for report.
Next Purpose: REPORT
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: Not on board, taken on board.
Warrant of attachment of immovable property is received from sheriff office. Taken on record. Marked as Exhibit-L.
Matter already adjourned to 25/04/2025.
Next Purpose: REPORT
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: Adv. A. K. Menon for DH present and seeks time to submit whether attachment warrant can be issued against immovable property of garnishee
None for defendant present.
Matter adjourned to 29/04/2025 for report.
Next Purpose: REPORT
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Adv. A.K. Menon for DH present and filed application at Exh.K. He candidly submits that prayer vide clause (1) of Exhibit-J is not legally maintainable. Therefore he has filed application at Exhibit-K.
None for JD.
Matter adjourned for order/reply on Exhibit-K to 07/05/2025.
Next Purpose: ORDER
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: PO is on leave, hence matter adjourned to
Next Purpose: ORDER
Next Hearing Date: 10-06-2025
Date: 10-06-2025
Business: None present.
Matter adjourned for hearing to 08/07/2025.
Later on..
Adv. A. K. Menon for DH present.
Next Purpose: HEARING
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: PO is on leave hence matter adjourned
Next Purpose: HEARING
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: a
Next Purpose: HEARING
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: Adv. Manisha Gupta for decree holder present.
JD and his advocate absent.
Matter adjourned for Hearing on 29.11.2025
Next Purpose: HEARING
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Manisha Gupta present for Decree Holder and seeks time for hearing.
None present for Judgment Debtor.
Matter is adjd. for hearing to 16.01.2026.
Next Purpose: HEARING
Next Hearing Date: 16-01-2026
Date: 16-01-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Manisha Gupta i/b Adv. Anil Kumar Menon present for Decree Holder and requested for adjournment. O- Adjournment is granted till next date.
None present for Judgment Debtor.
Matter is adjd. for hearing to 10.04.2026.
Next Purpose: HEARING
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: CORAM : H.H.J. SHRI A. A. LAULKAR (C.R.NO.66)
Adv. Manisha Gupta i/b Adv. Anil Kumar Menon present for Decree Holder and requested for adjournment. O- Adjournment is granted till next date.
None present for Judgment Debtor.
Matter is adjd. for hearing to 09.07.2026.
Next Purpose: HEARING
Next Hearing Date: 09-07-2026
Date: 09-07-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. A. K. Menon present for Decree Holder and filed affidavit of service. Taken on record. Marked as Exh-2. O- Seen.
Judgment Debtor and her advocate are absent.
Matter is adjd. for hearing and order on Exh-K to 01.09.2026.
Next Purpose: HEARING
Next Hearing Date: 01-09-2026
Date: 01-09-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. A. K. Menon present for Decree Holder.
Advocate for Judgment Debtor absent.
KB
Order passed below Exh-K and thereby issue notice to all proposed garnishees.
Matter is adjd. for hearing and report to 26.11.2026.
Next Purpose: REPORT
Next Hearing Date: 26-11-2026Additional Case Details
Additional Case Details
Filing Number: 112437/2019 Filing Date: 28-11-2019 First Hearing Date: 10th December 2019 Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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