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EXECUTION APPLN

Mr. Pallonji Shapoorji MistryVsRohinton Jamshetji Turel and Ors +1 more

CNR MHCC010128572019966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWL
Decision Date: 13th February 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100504/2019
Registration Date
03 Dec 2019

Advocates

1

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: 17-12-2019
    Business: Ms. Ishita Advani, advocate for the plaintiff present.
    Ms. Advani has tendered copy of conditional stay order dated 15/10/2019, passed by the Honourable High Court, Bombay in Civil Application No.2217 of 2019 in First Appeal No.929 of 2019.
    Hence, on request of Ms. Advani, adjd to 20/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Ms. Ishita Adwani advocate for plaintiff present.
    On request of Ms. Adwani matter adjourned to 30/06/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 03/09/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Shri Manas Kothari advocate for plaintiff present.
    As stay granted by the Honourable High Court is in force, as stated by Shri Kothari, matter adjourned to 18/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Ms.Ishita Adwani, Advocate for plaintiff present.
    As stay granted by Honourable High Court is in force, on request of Ms.Adwani, adjourned to 21/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Shri Manas Kotak advocate for plaintiff present.
    None for defendant.
    Shri Kotak has tendered copy of order dated 15/10/2019, passed by the Honourable High Court in First Appeal No.929/2019, stating that for want of compliance of the said order First Appeal stands dismissed and accordingly exe.application be proceeded.
    Copy of order kept in file.
    Shri Kotak prays for issue of Notice before execution and issue notice as prayed for returnable on 18/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Ms. Ishita Adwani advocate for plaintiff present.
    Shri Chacha, advocate for  defendant No.1 and 2 present.
    Shri Chacha, seeks time to file reply, to which Ms. Adwani has no objection and by consent matter adjourned to 24/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Ms. Ishita, advocate for plaintiff present.
    Shri Preet Chedda, advocate for defendant present.
    Shri Chedda seeks five weeks time to file reply.
    Ms.Ishita objects for such longer adjournment.
    However, by consent, matter adjourned to 18/07/2022, for VP and reply of defendants.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Shri Dhruve Dandekar advocate for plaintiff present.
    Shri Preet Chedda, advocate for defendant present.
    Exe.application marked as Exh.A(Colly.).
    Shri Chedda has tendered vakalatnaman of Pariket Shah, advocate for defendnats t.o.r and marked as Exh.B.
    Shri chedda has tendered Affidavit in reply of respondents t.o.r and marked as Exh.C.
    Shri Dandekar, seek time to go through the reply and to file the rejoinder.
    Hence, on request of Shri Dandekar matter adjourned to 30/08/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Shri Manas Kotak, advocate for plaintiff present.
    None for defendant.
    Shri Kotak has tendered amendment application t.o.r and marked as Exh.D.
    Upon hearing Shri Kotak, amendment application allowed.
    Amendment be carried out within fourteen days as per rules and amended proceedings be served upon defendant.
    Shri Kotak states that on next date he will file rejoinder to the reply filed by defendant and on his request matter adjourned to 12/10/2022.
    LO
    Shri Preet Chheda advocate for defendant appeared and he has been informed about next date.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Shri Pariket Shah, advocate for plaintiff present.
    Shri Shah, states that copy of amended proceedings has not been served upon defendants.
    However, as the matter is for filing of rejoinder by plaintiff and none appered for plaintiff, matter adjourned to 05/12/2022.
    LO
    Shri Manas Kotak advocate for plaintiff appeared and he has been made aware of about roznama and next date.
    Shri Kotak, states that on next date he will file application for deleting the name of Plaintiff No.4 Shri Cyrus Mestri who has expired and to bring his legal heirs on record.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Ms. Ishita Adwani, advocate for plaintiff present.
    Defendant No.2 present.
    Ms. Adwani, seeks time to file application for amendment and on her request, matter adjourned to 23/01/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Ms. Ishita Adwani, advocates for plaintiff present.
    Shri Preet Chheda, advocates for defendant present.
    defendant No.2 present.
    Ms. Adwani seeks time to file amendment application stating that the matter is in process for filing of an amendment application.
    Hence, considering the request of Ms. Adwani, matter adjourned to 28/02/2023, by way of last chance to file an amendment application.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: As Court is on leave, board discharged and adjourned to 16/03/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Ms. Ishita Adwani, advocate for plaintiff present.
    Shri Preet Chedda, advocate for defendant present.
    Shri Chheda tendered copy of order dated 14/02/2023 passed by the Honourable High Court, Bombay in Interim Application No.935 of2023 in First Appeal No.929 of 2019, kept in R and P.
    Shri Chheda submits that by the said order, there has been stay to further proceeding in the matter and Ms.Adwani also confirms the same and in that view of the matter, both the advocates seek longer adjournment.
    Hence, by consent, adjourned to 16/06/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: As Court is on leave, board discharged and matter adjourned to 07/08/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Shri Dhruve Dandekar advocate for plaintiff present.
    None for defendant.
    Shri Dandekar states that he will file Consent Terms in the matter and seeks longer adjournment stating that Stay granted by Honourable High Court is in force and hence on his request matter adjourned to 30/09/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: As Court is on leave, board discharged and matter adjourned to 02/12/2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Parties and Advocate absent adjourned 03/02/2024.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Shri Dhruv Dandekar, advocate for plaintiff present.
    Shri Dandekar states that matter is settled between the parties and they have file consent Terms in High Court.
    On request of Shri  Dandekar, filing application for withdrawal of Execution Application matter adjourned to 13/02/2024.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Shri Dhruv Dandekar, advocate for plaintiff present.
    Shri. Dandekar has filed withdrawal application, taken on record and marked as ExhE.
    In view of the withdrawal application, nothing survives in the present exe.application and the same stands disposed of as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 13-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111048/2019
    Filing Date: 03-12-2019
    First Hearing Date: 17th December 2019
    Decision Date: 13th February 2024
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    1
    Final Order 1
    13 Feb 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :IC REGISTRAR CITY CIVIL COURT MUMBAI
    Case No. :EXECUTION APPLN/0100504/2019
    Mr. Pallonji Shapoorji Mistry Vs Rohinton Jamshetji Turel and Ors,
    Date : 13-02-2024
    Business : Shri Dhruv Dandekar, advocate for plaintiff present. Shri.
    Dandekar has filed withdrawal application, taken on record
    and marked as ExhE. In view of the withdrawal application,
    nothing survives in the present exe.application and the same
    stands disposed of as withdrawn.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 13-02-2024
    IC REGISTRAR CITY CIVIL COURT MUMBAI
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