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EXECUTION APPLN

Prerana Sahakari Patsanstha Maryadit Case No. ABN/CC/III/142 of 2015VsShri. Ajitkumar Maruti Gaikwad and Anr.

CNR MHCC010131942018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 23rd January 2020

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100491/2018
Registration Date
04 Oct 2018

Advocates

1

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: 03-11-2018
    Business: Mr. Vijay S. Kokitkar, Advocate for Plaintiff, present.  Since, Decree sought to be executed is transfer decree, Mr. Kokitkar agrees for issue of notice before execution.  Hence, issue notice before execution, returnable on 12/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Shri. V.S. Kotikar, Advocate for plaintiff present. Exe. Application marked as Exh.A(Colly). Affidavit of service dated 12/12/2018 tendered by Shri. Kotikar is taken on record and marked Exh. B. Shri. Kotikar states that notice could not be served on either of the opponents for the reason mentioned in the affidavit. In view of this, Shri. Kotikar seeks time for taking instruction in respect of address of opponents and on his request adjourned to 21/12/2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Shri Vinayak Tare, Advocate for Disputant is present.  None for Defendant.  On request of Shri Tare, for taking necessary steps in respect of unserved opponents, adjourned to 17/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Shri. Vijay Kokitkar, Advocate for plaintiff present. On request of Shri. Kokitkar, for filing an application for amendment, adjourned to 21/01/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: Shri. V. S. Kokitkar, advocate for disputant present. Application for amendment of the address of opponents tendered by Shri. Kokitkar, taken on record and marked as Exh. C. Application allowed. For amendment and for service of amended proceeding on opponents, on request of Shri. Kokitkar, adjourned to 26/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Shri. Vinayak Tare, Advocate for plaintiff present. Matter is taken on board by way of praceipe, marked as Exh.D. On request of Shri. Tare, time to carry out amendment is extended till 16/02/2019. For service of amended proceedings on opponent adjourned to 26/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Shri Vinayak Tare, Advocate for Plaintiff, present.  On request of Mr. Tare, for completing service, adjd to 16/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Shri. Vinayak Tare, advocate for plaintiff present. Shri. Tare has tendered affidavit of service dt. 16/03/2019, taken on record and marked as Exh.E. As per the said affidavit notice has been served on defendant no.1 and 2 and unserved on defendant no.3. Therefore, Shri. Tare has tendered application for substitute service by way of publication upon defendant no.3, taken on record and marked as Exh.F. Upon hearing Shri. Tare, substitute is allowed, returnable on 13/06/2019. On request of Shri. Tare, private publication is also allowed.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Shri. Vinayak Tare, advocate for the Plaintiff present. Shri. Tare tendered affidavit of service in respect of service by way of publication, taken on record and marked as Exh-G. As the defendants though served neither appeared nor file any reply, Shri. Tare prays for issue of warrants as prayed for in Column J of the exe.application, against the defendant no.1 to 3, by making the notice absolute. Hence, upon perusing the affidavit of service, the notice issued against the defendant no.1 to 3 is hereby made absolute and issue warrants as prayed for returnable on 26/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Shri. Mahadev Patil, Managing Director of the disputant Society present. On request of Shri. Patil, adjd to 27/11/2019, for compliance of order dt.13/06/2019, in respect of issuance of warrants.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Ms. Ulka Shinde, advocate for the plaintiff present.
    On request of Ms. Shinde, for taking instructions for withdrawal of exe.application, adjd to 23/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Ms. Ulka Shinde, advocate for the plaintiff present.
    Ms. Shinde has tendered withdrawal application, t.o.r. and marked as Exh-H.
    Hence, upon perusing the withdrawal application, the exe.application is allowed to be withdrawn as settled out of the Court.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 23-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 113401/2018
    Filing Date: 04-10-2018
    First Hearing Date: 03rd November 2018
    Decision Date: 23rd January 2020
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    0

    No order text is available in this record.

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