Date: 13-01-2020
Business: Plaintiff in person present.
As Court is on leave, board discharged and adjd to 20/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Shri. B.S. Rath, plaintiff in person present.
On request of Shri. Rath, issue notice U/o.XXI Rule 22 of CPC, returnable on 13/02/2020
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Shri. B. S. Rath, disputant in person present.
Shri. Nikhil Wable, advocate for the opponent present.
Ms. Noreena Pereira, Chairman of the Society present.
Exe.application marked as Exh-A(Colly).
Shri. Rath has tendered affidavit of service, t.o.r. and marked as Exh-B.
Shri. Wable undertakes to file Vakalatnama by next date and seeks time to file reply and hence, by consent, adjd to 21/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Shri. B. S. Rath, disputant in person present.
Shri Rath prays for issue of warrants u/o. XXI Rule 43 and 54 of CPC, by making the notice absolute as a defendant though appeared through advocate on last occasion has failed to file reply. Shri. Rath states that the properties sought to be attached are free from all the encumbrances and belongs to defendant.
Hence, upon hearing Shir. Rath notice issued against defendant is hereby made absolute and issue warrants as prayed for, returnable 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: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Shri Jitendra Kshirsagar, Advocate for disputant present. None for opponent.
Shri Kshrisagar seeks time to file application for amendment and undertakes to file Valalatnama on next date.
Letter received form the office of Sheriff of Mumbai, dated 10/09/2020 bearing No.VKT/A-612/2020, enclosing Bailiff’s Report, in regard to execution of warrant of attachment u/o.XXI Rule 54 (Inward No.8624 Dt.02/12/2020), taken on record, marked as Exh.C.
On request of Shri Kshirsagar, adjourned to 06/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Shri Jitendra Kshirsagar, Advocate for plaintiff present.
Shri Kshirsagar has tendered vakalatnama of M/s Udaipuri and Co. advocate for plaintiff t.o.r and marked as Exh.D.
On request of Shri Kshirsagar matter adjourned to 02/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Shri B.S. Rath plaintiff present. His advocate absent.
Shri Rath has tendered an affidavit cum application for amendment, t.o.r. and marked as Exh.E.
On request of Shri Rath matter adjourned to 09/02/2021 for passing order on application tendered today as his advocate is absent today.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Ms. Joyce Rath advocate for plaintiff present.
Upon hearing Ms. Rath, application for amendment (Exh-E) is allowed.
Amendment be carried out before next date.
For further orders, on request of Ms.Rath, adjourned to 18/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Ms. Joyce Rath advocate for disputant present.
Disputant also present.
None for opponent.
Ms. Joyce Rath has tendered vakalatnama for disputant with no objection endorsed thereon by the earlier advocate t.o.r. and marked as Exh.F.
Ms. Rath states that amendment has been carried out and prays for issue of warrant u/o.XXI, Rule 46 of CPC.
Upon hearing Ms. Rath, issue warrant u/o.XXI,Rule 46 of CPC returnable on 18/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Ms. Joyce Rath advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 22/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Ms. Joyce Rath advocate for defendant present.
Ms. Rath has tendered (1)Original warrant u.o. XXI, Rule 46 of CPC, in respect of Fix Deposit bearing No.013241012105 of Canara Bank, Mahim Branch along with bailiff report endorsed thereon,
(2)Original warrant u.o. XXI, Rule 46 of CPC, in respect of Saving Account No.0132101062969 of Canara Bank, Mahim Branch and
(3)Original warrant u.o. XXI, Rule 46 of CPC, in respect of Fix Deposit bearing No.10642/694 of Maharashtra State Co-operative Bank, Dadar West Branch, t.o.r. and marked as Exh.G, H and I respectively.
On request of Ms. Rath matter adjourned to 29/04/2021, for further steps.
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 27/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 23/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Ms. Joyce Rath advocate for plaintiff present.
On request of Ms. Rath for taking steps adjourned to 06/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Ms. Joyce Rath advocate for plaintiff present.
Ms. Rath has tendered application for amendment in column J of Exe.application, t.o.r and marked as Exh.J.
Ms. Rath has also tendered application u/o.XXI, Rule 34 of CPC, t.o.r and marked as Exh.K.
Upon hearing Ms. Rath application Exh.J, is allowed.
Amendment be carried out on or before 12/10/2021, and after amendment warrant u/o.XXI, rule 46 accordingly be issued.
Ms. Rath prays that for order on application u/o.XXI, Rule 34 of CPC, matter be referred to the Honourable Court and accordingly the matter is hereby submitted to the Honourable Court as per assignment on 12/10/2021.
Office to takes steps to assign this matter to the Honourable Court.
Parties and advocate to appear before the Court on 12/10/2021, as may be assigned.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Advocate Joyce Rath for plaintiff is present and requested short adjournment for carry out amendment. Request is allowed.
None present for defendant.
Adjourned for compliance to 21.10.2021
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: D. H. is present.
Advocate Mr. Patil for D.H. is present.
None present for J.D.
Issue notice to J.D. through Court bailiff on depositing necessary charges. Short Service allowed.
Adjourned for service to 20.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Advocate Joyce Rath for D.H. is present.
None present for J.D.
Advocate Joyce Rath for D.H. filed application for substitute service at Exh.02.
Order on Exh.02:
Allowed substitute service on the J.D. as prayed for.
Adjourned for service to 03.12.2021.
Judge
Next Purpose: SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Advocate Joyce Rath for D.H. is present and filed service affidavit. It is marked as Exh.03.
None present for J.D.
Adjourned for hearing on service affidavit to 09.12.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Advocate Joyce Rath for D.H. is present.
None present for J.D.
Read service affidavit below Exh.03, It appears that the notice is duly served on J.D. for this Execution Petition. the J.D. is absent when called out. Hence, this Execution Petition proceed ex-parte against the J.D.
Advocate for D.H. filed application u/o XXI rule 34,30 r/w 38 and 46 of CPC 1908. It is marked as Exh.04.
Issue notice to the J.D.
It is hereby directed to the advocate for D.H. to serve copy of this application on J.D.
Adjourned for service of Exh.04 to 20.12.2021.
Judge
Next Purpose: SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Advocate Joyce Rath for D.H. present.
None present for J.D.
Advocate for D.H. filed service affidavit at Exh.05.
Order- Read the service affidavit alongwith bailiff report it appears to me that, the wife of the J.D. was declined to accept service through bailiff report. Therefore, it deemed good service on J.D.
The J. D. and his advocate are absent when called out. The J. D. has not filed his reply on application filed on behalf of D.H. at Exh.04. Hence, the application below Exh.04 is proceed without reply of the J.D.
Adjourned for arguments to 10.01.2022.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: D. H. is present and filed written arguments at Exh.06.
None present for J.D.
Adjourned for oral arguments to 16.02.2022.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Court is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Joyce Rath for decree holder is present.
None for Judgment debtor.
Heard arguments of advocate for decree holder on application Exhibit-04
Adjourned for order on application below Exh.4 to 25.03.2022.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Advocae B. S. Rath for D.H. is present.
None present for J.D.
Order on Exh.04:
Read the application. Despite of the service of the J.D. the J.D. is failed to appear. Read the para no.1 of the prayer of this application, it has requested that to appoint the registrar or any competent officers under his control to execute the leave and license agreement as per the offer annexed hereto at Exh.\''G\''. It required draft leave and license agreement to produce on behalf of D.H. and affidavit of the licensor who is ready to give his flat on lease or rent in favour of the D.H. disclosing security deposits and monthly rent, and maintenance charges, it also required affidavit on behalf of the D.H. to total expenditure about taking flat on rent including expenses of registration and any other expenditure for the purpose of attaching the bank account of the J.D on or before next date. Therefore, it is hereby directed to the D.H. and his advocate to furnish draft leave and license agreement alongwith affidavit of D.H. and affidavit of proposed licensor.
Adjourned for compliance to 28.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Advocate J. S. Rath for D.H. is present and filed affidavit of decree holder to comply with order dated 25/03/2022. It is marked as Exh.07.
None present for J.D.
It is hereby directed to the advocate for D.H. to serve the copy of the draft leave and license agreement dated 27.04.2022 which is filed today on the J.D.
Adjourned for service to 13.06.2022.
Judge
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adjourned for Service to 16/07/2022.
Next Purpose: SERVICE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Joyce Rath a/w decree holder present and filed application Uo XXI rule 30 rw 31 1 and 38 of the C.P.C. 1908 t.o.r. marked as Exh.8 – otherside to say.
She placed on record copy of Exh. 8 for judgment debtor.
Matter is adjd.to 17-08-2022 for reply on Exh. 8
Next Purpose: SERVICE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Joyce Rath for decree holder present.
None for judgment holder.
Heard Adv. Joyce Rath for decree holder on Exh. 8.
Matter is adjd.to 23-08-2022 for order on Exh. 8.1.00pm
Next Purpose: SERVICE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Joyce Rath a/w decree holder present.
None for Judgment debtor.
F.R.S.R. following order is passed below Exh. 8-
ORDER
Issue notice under Order XXI Rule 37 of the CPC to the Judgment Debtor.
Matter is adjd.to 07-09-2022 for Notice to JD.
Next Purpose: NOTICE
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Decree holder in person present and filed notice under order XXI Rule 37 of the Code of Civil Procedure 1908 with bailiff report t.o.r. marked as Exh.J
Reissue notice under order XXI Rule 37 of the Code of Civil Procedure 1908.
Date of award be read as 13/02/2019 instead on “15/02/2019” in Order below Exh. 8 passed on 23-08-2022.
Matter is adjd.to 26-09-2022 for notice issue.
I/C Judge
Next Purpose: NOTICE
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Joyce Rath for decree holder present and filed affidavit of service with bailiff report on notice under order 21 Rule 37 of the CPC t.o.r. marked as Exh.K.
None for Judgment debtor
Ld. Counsel Joyce Rath submitted that Judgment debtor is dodging service of the notice and prayed for issuance of arrest warrant.
Considering submission of Ld. Counsel Joyce Rath and bailiff report, it appears that judgment debtor is evading service of the notice, but pasting service can be done before issuance of arrest warrant. Hence, issue fresh notice under order 21 Rule 37 of the C.P.C. with directions to the bailiff for effecting the service by pasting.
Matter is adjd.to 12-10-2022 for Notice to JD.
Next Purpose: NOTICE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Joyce Rath for decree holder present and filed affidavit of service with original notice Under Order XXI Rule 37 of the C.P.C. and bailiff report thereon t.o.r. marked as Exh.J
Adv. Ankush Saraf for judgment holder present and filed vakalatnama t.o.r. marked as Exh.9
Matter is adjd.to 10-11-2022 for Hearing 1.00pm
Next Purpose: HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Joyce Rath a/w decree holder present.
Adv. Ankush Saraf for judgment holder present and prayed for adjournment - allowed
Matter is adjd.to 09-01-2023 for reply of judgment
debtor.
Next Purpose: REPLY
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Joyce Rath a/w decree holder present and submitted that order in respect of prayer clause (b) in Exh. 4 may be passed.
Adv. Ankush Saraf a/w Judgment debtor present and submitted that he has not filed reply on Exh. 4 and Exh. J.
He filed reply to Exh. 8 t.o.r. marked as Exh.8A.
Adv. Joyce Rath for decree holder received copy of Exh. 8A.
As reply to Exh. 4 is not filed and Adv. Ankush Saraf has filed reply to the extent of Exh. 8 only, opportunity can be given to Judgment debtor to file reply on Exh. 4.
Matter is adjd.to 03-02-2023 for reply on Exh. 4 by JD and hrg on Exh. 8. 1.00pm
Next Purpose: REPLY
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Joyce Rath a/w Decree holder present and filed written argument for arrest of JD t.o.r. marked as Exh. 9
Adv. Ankush Saraf a/w Judgment debtor present and filed reply to Exh. 4 t.o.r. marked as Exh.4-A
both sides received copies of each others documents placed on record today.
Adv. Ankush Saraf for Judgment debtor submitted that he wants to file reply to Exh. 6. He prayed for adjournment - allowed
Matter is adjd.to 28-02-2023 for reply to Exh. 6 by
Judgment debtor and hrg on Exh. 4 and 8 1.00pm.
Next Purpose: REPLY
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Joyce Rath a/w Decree holder present and filed written submission to reply on Exh. 4 t.o.r. marked as Exh. 4-B
Adv. Ankush Saraf a/w Judgment debtor present and filed reply to Exh. 6 t.o.r. marked as Exh.6-A
Matter is adjd.to 14-03-2023 for Hrg on Exh. 4, Exh. 6 and Exh. 8 1.00pm.
Next Purpose: HEARING
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Adv. Joyce Rath a/w Decree holder present
Adv. Ankush Saraf a/w Judgment debtor present
Matter is adjd.to 16-03-2023 for Hrg on Exh. 4, Exh. 6
and Exh. 8 4.30pm.
Next Purpose: HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Joyce Rath a/w Decree holder for plaintiff present.
Adv. Ankush Saraf a/w Judgment debtor present.
Heard Adv. Joyce Rath for plaintiff on Exh. 4, Exh.6 and Exh. 8
Matter is adjd.to 25-04-2023 for Hrg on Exh. 4 Exh.6
and Exh. 8 12.30pm
Next Purpose: HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Advocate Joyce Rath for D.H. for Plaintiff present.
None for J.D.
K.B. at 2.45 p.m.
Advocate Joyce Rath for D.H. for Plaintiff present.
Advocate Ankush Saraf for J.D. is present.
Due to paucity of time, matter is adjourned on next date.
Both the parties are directed to remain present on next date without fail at 12.30 p.m.
Adjd. for hearing on Exh. 4, Exh.6 and Exh.8 to 28/04/2023
Next Purpose: HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Advocate Joyce Rath for D. H. for Plaintiff present.
Advocate Ankush Saraf for J. D. is present.
Secretary present.
Partly heard by advocate for D.H.
Adjd. for hearing to 04/05/2023
Next Purpose: HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Ankush Saraf present for defendant.
KB
Secretary of Judgmendator Soc. is present.
LO at 01.55 p.m.
Plaintiff sought adjournment on the ground that his adv is busy in High court.
Matter is adjd. for hearing to 23.06.2023.
Next Purpose: HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Joyce Rath present for Plaintiff
Adv. Ankush Saraf present for defendant.
Secretary of Judgment Debtor-Society is present.
Decree holder is present.
KB
Heard argument for Ld. adv. for Decree holder.
Matter is adjd. for argument of Adv. for Judgement Debtor to 14.07.2023.
Next Purpose: HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyce Rath present for for plaintiff.
Adv. Ankush Saraf present for defendant.
Secretary of Judgment Debtor- Society is present.
Decree holder is present.
KB. for arguments.
Matter is adjd. for argument of Adv. for Judgment Debtor to 20/07/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Adv. Joyce Rath present for plaintiff and filed application Order 21 Rule 39 and 40 CPC, t.o.r. mark and Exh-10 Order J.D. to Say.
Decree holder in person present.
Adv. Ankush Saraf present for defendant.
K.B.
Matter is adjd. to 04.08.2023 for Say .
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Adv Rath present for plaintiff.
Adv Ankush Saraf present for defendant and submitted that his reply to application Exh.10 is ready, but due to inhealth of secretary fo JD he cannot file reply today.
Later on
Advocate for defendant supplied copy of reply to advocate for plaintiff .
Matter is adjd. for hearing to 11/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyas Rath present for Decree holder.
Adv. Ankush Saraf present for Judgment Debtor and filed reply to application Exh-10. t.o.r. Marked as Exh-11.
KB for argument
Heard argument of adv. for Judgment Debtor partly.
Adv. for Decree holder submitted that she want to file compliation of document by way of rejoinder to reply filed by Judgment Debtor. As argument is started, hence, adv. for Decree holder is directed to supply copy of compilation to Judgement Debtor prior to one week of next dt.15.09.2023.
Matter is adjd. for arguments to 15.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyas Rath present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Adv. for Decree Holder filed compilation of documents and service affidavit in respect of service of said compilation on other side. In view of direction on last date, said compilation and service affidavit are taken on record simply. It will be considered after argument going on Exh-4, 6 and 8. Matter is kept back for argument of Judgment Debtor. At this stage adv. for Judgment Debtor sought time to file reply to compilation of documents. He is directed to complete the argument today on aforesaid Exhibits. He will be given opportunity to file reply and argue on the compilation of documents today.
KB for argument.
Heard argument of Ld. Adv. for Judgment Debtor partly on Exh-04, 06 and 08.
Matter is adjd. for arguments Ph. to 12.10.2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Adv. Joyas Rath present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Kb for argument.
Heard argument of Adv. Ankush Saraf present for Judgment Debtor is partly completed.
Matter is adjd. for argument Ph. to 27.10.2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Decree Holder is present.
KB for argument.
LO at 01:42 p.m.
Adv. Ankush Saraf is present for Judgment Debtor. He filed pursis about admission of judgment debtor in hospital in the month of August-2023 and September-2023. t.o.r. Marked as Exh-12. He also filed reply to compilation of documents and preamble filed on 15.09.2023. It appears that said compilation is not exhibited on the day of filing it. Hence, it is Marked as Exh-13 today. The reply filed by judgment debtor is taken on record and Marked as Exh-14.
Adv. for defendant place on record submission annexed with judgment of Hon’ble Supreme Court in Petition for special leave to Appeal © No.19654/2022. She submitted that as per the said ruling the execution proceeding has to be disposed off within 06 months from the date of filing. t.o.r. Marked as Exh-15. Copy is served on advocate for decree holder.
Adv. for decree holder came after as the matter is fixed for 01:00 o’clock. As it is 01:55 p.m., the matter will be taken in second session matter will taken in the second session.
KB for argument.
Heard argument of adv. for Judgment Debtor partly. Matter is adjourned for remaining argument in the second session on next date.
Matter is adjd. for argument Ph. to 03.11.2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyas Rath present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Kb for argument.
Decree Holder and Judgment Debtor are present.
LO at 04:37 p.m.
Adv. Joyas Rath present for Decree Holder and submitted that today she is not pressing the application Exh-04, Exh-06 and Exh-08. She want to press Exh-15 directing Judgment Debtor to pay the amount Rs. 11,00,000/- to the Decree Holder. She further submitted that no reply of Judgment Debtor on Exh-15 is need to be called. For that purpose adv. for Decree Holder relied on ruling in Rahul S. Shah V/s Jitendra Kumar Gandhi(2021) 6 SCC 418. According to Ld. Advocate, court has to heard and decide execution petition within six months from the date of filing. Present Execution application is registered on 13.01.2020. Interim order needs to be passed.
Hearing submission of adv. for Judgment Debtor on Exh-15 to pass order on interim relief is necessary.
Due to paucity of time, his submission cannot be heard today. By consent of both the side matter is adjourned for filing reply to Exh-15 and hearing on Exh-15. This court is ready to keep the matter tomorrow on Exh-15, but on request of adv. for Decree Holder matter is fixed for hearing on 10.11.2023 at 12:30 p.m.
Matter is adjd. for argument Ph. to 10.11.2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor and filed reply to Exh-15. Taken on record. Marked as Exh-16.
Adv. for Decree Holder submitted that at present she won’t filed rejoinder to reply Exh-16. If interim relief is not granted today, she will reserved to file evidence to refute statements made in reply.
KB for argument.
Heard argument of adv. for Judgment Debtor and reply argument of adv. for Decree Holder on Exh-15. Kept for order.
Due to paucity of time matter is adjourned for order on Exh-15.
Matter is adjd. for order to 21.11.2023.
Next Purpose: ORDER
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Adv. Joyas Rath for Decree holder.
Adv. Ankush Saraf for Judgment Debtor
Judgment Debtor is present.
K.B
None present for defendant.
F.R.S.R. following order passed on Exh.15.
1. The submission/ application (Exh.15) is allowed.
2. Judgment Debtor is directed to pay Rs.9,09,287/- to Decree Holder within three weeks from today. The judgment debtor is directed to continue to pay Rs.50,400/- per month for further period of six months from 05/12/2022 till 04/07/2024.
Matter is adjd. for Compliance to 12/12/2023.
Next Purpose: ORDER
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Sharaf present for Judgment Debtor.
Adv. Joyce Rath for Decree Holder submitted that judgment debtor has not complied order passed below Exh-15 on last date.
Adv. Ankush Sharaf for Judgment Debtor requested to keep back the matter to file pursis.
KB
LO at 12:42 p.m.
Adv. for Judgment Debtor filed pursis that the Judgment Debtor is unable to pay the amount as directed in the order dtd.21.11.2023 as the bank account of Judgment Debtor society is already attached by this court. Taken on record. Marked as Exh-17. O- Seen and filed.
Adv. for Decree Holder submitted that Judgment Debtor is not complying the order and immediately today order of his arrest be issued. Adv. for Decree Holder further submitted that the prayer of arrest and appointment of Registrar of court is made in Exh-04.
It is matte of record that argument of adv. for Decree Holder below Exh-04 and Exh-04a Exh-08 and Exh-08a is heard and argument of Adv. for Judgment Debtor below the same exhibit was partly heard and in the meanwhile Decree Holder moved application Exh-15 and then this court has passed order on last date below Exh-15. Hence, prior to issuing warrant of arrest, arguments below aforesaid exhibits needs to be completed. There is also one application Exh-10 filed by Decree Holder for deposit of subsisting allowance which required to be deposited prior to issue of warrant of arrest. said application can be decided alongwith applicant Exh-04 and Exh-08 filed by Decree Holder. Therefore, unless application Exh-04, Exh-08 and Exh-10 are decided, no order of arrest warrant can be issued. In the meantime, as Judgment Debtor informed that the bank account of society is attached by this court, Decree Holder may take appropriate steps directing the concern bank to release the amount as per the order dtd.21.11.2013 and to pay Decree Holder.
Adv. for Decree Holder requested to keep the matter on 14.12.2023. This court has already fixed one time bound suit for judgment on 16.12.2023. Dictation in that matter is already started. Hence, this matter cannot be fixed on 14.12.2023.
Matter is adjd. for argument to 21.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Sharaf present for Judgment Debtor.
KB
Adv. for Decree Holder filed application for taking steps to implement the order dtd.21.11.2023. Taken on record. Marked as Exh-18. Copy is given to adv. for Judgment Debtor.
As per record, argument of adv. for Judgment Debtor on Exh-04, Exh-06 and Exh-08 remain partly. By consent, matter is adjourned for said argument on 06.01.2024.
Matter is adjd. for argument to 06.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Sharaf present for Judgment Debtor.
Adv. for D.H. filed application for correction in order below Exh. 15 dtd. 21-11-2023. t.o.r. marked as Exh. 19
As per application correction is made in order Exh. 15 in paragraph 4 last line it is corrected as ‘ Decree holder’ in place of ‘Judgment Debtor’. Further correction is made in paragrph 5 page no. 4 sixth line corrected as ‘though’ in place of ‘through’. Further in 3rd line thereafter corrected as ‘Judgment Debtor’ in place of ‘Decree holder’. As per application Exh. 19 date ‘21-11-2013’ in roznama dtd. 12-12-2023 is to be read as ‘21-11-2023’.
Argument of Adv. for decree holder partly heard on Exh. 4,6 and 8.
Matter is adjd. for argument to 11-01-2024. 2.45pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
KB
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
KB
Adv. for Judgment Debtor filed pursis. Taken on record.
Heard argument of Adv. Joyce Rath present for Decree Holder partly on Exh-04, 06 and 08.
Matter is adjd. for argument to 18.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Adv. Joyce Rath present for Decree Holder
Adv. Ankush Saraf Judgment Debtor.
K.B
L.O
Advocate for Decree Holder submitted that she will make submissions after argument of advocate for Judgment Debtor. Argument of Advocate for Judgment Debtor partly heard on Exh- 4, 6 and 8.
Matter adjd. for further argument of Judgment Debtor on Exh. 4, 6 and 8.
Matter is adjd. for Arguments to 30.01.2024 .
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Court is on leave. Adjourned to.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Joyas Rath present for Decree Holder.
Adv. Ankush Shroff present for Judgment Debtor.
KB
LO at 12:25 p.m.
Heard argument of adv. for Judgment Debtor partly on Exh- 04, 06 and 08.
Matter adjd. for further argument of Judgment Debtor on Exh.04, 06 and 08.
Matter is adjd. for argument to 15.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Shroff present for Judgment Debtor.
KB
LO at 12:50 p.m.
Heard argument of adv. for Judgment Debtor partly on Exh- 04, 06 and 08.
Matter adjd. for further argument of Judgment Debtor on Exh.04, 06 and 08.
Matter is adjd. for argument to 29.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Joyce Rath present for Decree Holder.
None present for Judgment Debtor.
KB
LO at 01:02 p.m.
Adv. Ankush Shroff present for Judgment Debtor.
Heard argument of adv. for Judgment Debtor partly on Exh- 04, 06 and 08.
Matter adjd. for further argument of Judgment Debtor on Exh.04, 06 and 08.
Matter is adjd. for argument to 05.03.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Shroff present for Judgment Debtor.
KB
LO at 12:52 p.m.
Adv. Joyce Rath present for Decree Holder.
Adv. Ankush Shroff present for Judgment Debtor.
Heard argument of adv. for Judgment Debtor on Exh- 04, 06 and 08 is completed.
Matter adjd. for argument of Decree Holder on Exh.04, 06 and 08.
Matter is adjd. for argument to 07.03.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Shroff present for Judgment Debtor.
KB
LO at 12:45 p.m.
Adv. Joyce Rath present for Decree Holder.
Heard argument of adv. for Decree Holder on Exh.04, 06 and 08 is completed.
Matter is adjd. for order to 28.03.2024.
Next Purpose: ORDER
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Decree Holder is present.
Adv. for Judgment Debtor filed pursis alongwith copy of discharge summary. Taken on record. Marked as Exh-20.
(It is filed after closing of matter for order. Hence, it will not be considered in passing of order.)
It is submitted by the adv. for Judgment Debtor that he filed a pursis alongwith copy of medical certificate and discharge summary on 11.01.2024, the same was taken on record on that day but was not marked as exhibit. It is seen that a pursis was filed on 11.01.2024 by the adv. for Judgment Debtor, it was taken on record but was not marked as exhibit so the pursis filed on 11.01.2024 by the adv. for Judgment Debtor, it is marked as Exh-19A.
Matter is adjd. for order to 02.04.2024.
Next Purpose: ORDER
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
KB
Decree Holder is present.
Matter is adjd. for Order to 15.04.2024.
Next Purpose: ORDER
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
KB
Due to paucity of time matter is adjourned.
Matter is adjd. for order to 18.04.2024.
Next Purpose: ORDER
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
KB order
Due to paucity of time matter is adjourned.
Matter is adjd. for order to 23.04.2024.
Next Purpose: ORDER
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
KB order
Decree Holder is present.
F. R.S.R. following order is passed on:
Common Order below Exhs-04, 06 and 08:
1. Issue letter to the concerned Bank directing to inform this court as to how much amount is lying in the account of Judgment Debtor Society, which are already attached under present Execution Proceeding.
2. Application Exh.8 seeking arrest of Judgment Debtor be kept pending.
Matter is adjourned for reply on Exh-18 and hearing on Exh-10.
Matter is adjd. for reply to 02.05.2024.
Next Purpose: REPLY
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Decree Holder is present.
Adv. for Judgment Debtor filed pursis alongwith order of Hon’ble High Court dtd.26.04.2024 in Writ Petition no.12709 of 2024. Taken on record. Marked as Exh-21.
Para no.17 of Order Hon’ble High Court is “In view of the above order, no coercive steps shall be taken for recovery of the amount of Rs.9,09,287/- under the impugned order from the Society until the present Writ Petition is heard and decided by this Court. Society shall file its undertaking without fail.”
KB
LO at 12:30 p.m.
Adv. Joyce Rath present for Decree Holder and filed pursis. Taken on record. Marked as Exh-22. Copy is served to Adv. for Judgment Debtor.
Copy of pursis filed by Adv. for Judgment Debtor alongwith order of Hon’ble High Court served to adv. for Decree Holder. Adv. for Decree Holder submitted that in para no.06 of pursis, it is mentioned that the order dtd.26.04.2024 is already served upon Decree Holder but Decree Holder has not received any order.
Matter is adjd. for compliance to 02.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
Adv. Ankush Saraf present for Judgment Debtor.
Secretary of Judgment Debtor Society Mr. Rodrigues is present.
KB
LO at 03:20 p.m.
None present for Decree Holder.
Matter is adjd. for compliance to 06.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: P.O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: P. O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 24-10-2024
Date: 24-10-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for APPEARANCE to 20.12.2024.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
Matter is adjd. for appearance to 05.02.2025.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for appearance to 17.04.2025.
Next Purpose: FOR APPERANCE
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: PO is on leave. Matter is adjourned.
Next Purpose: FOR APPERANCE
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
None present for Decree Holder.
Adv. Snehal Marathe present for Judgment Debtor and filed Vakalatnama. Taken on record. Marked as Exh-23.
Matter is adjd. for appearance to 23.06.2025.
Next Purpose: FOR APPERANCE
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
Matter is adjd. for appearance to 11.07.2025.
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
None present for Decree Holder.
None present for Judgment Debtor.
Matter is adjd. for appearance to 02.08.2025.
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Joyce Rath present for Decree Holder and filed pursis vide Exh-24, stating that, the Decree Holder has challenged the impugned order of this court before the Hon’ble High Court, which is subjudice for hearing, therefore longer date may be given.
Order:
Considering the request of Decree Holder made vide Exh-24, adjournment granted and proceeding adjourned to 04.10.2025 for steps.
None present for Judgment Debtor.
Matter is adjd. for taking steps to 04.10.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: None present for plaintiff.
None present for defendant.
Matter is adjd for TAKING STEPS to 18.10.2025
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: Advocate Joyce Rath present for Decree Holder, stating that Judgment debtor has challenged the impugned order of this Court before the Hon’ble High Court, which is subjudice for hearing.
None present for JD.
At the request of Ld Advocate for DH, Matter is adjd to 13.01.2026 for Necessary steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2026
Date: 13-01-2026
Business: CORAM H.H.J. SHRI. A.K.KALE(CR NO.63)
Adv. Joyce Rath for present for Decree Holder and filed praecipe t.o.r. and marked as Exhibit-25. O-Put up for order.
None present for defendant.
Matter is adjd. for TAKING STEPS to 27.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: Advocate Joyce Rath present for DH and filed additional documents in support of Exh-25 t.o.r. marked at Exh-26. O-Seen.
None present for JD.
Heard arguments of DH.
Matter is adjd. for Order to 03.02.2026.
Next Purpose: ORDER
Next Hearing Date: 03-02-2026
Date: 03-02-2026
Business: None present for plaintiff.
Advocate Snehal Marathe present for JD.
Kept back
Later on at 4.20 p.m.
Advocate for JD filed written submissions t.o.r. marked at Exh-27. and she also filed pursis alongwith copy of petition in WP No.12709/2024 t.o.r. marked at Exh-28. She also made oral submissions.
As Court is busy in recording evidence in Suit No.8634/2000 and Suit No.4435/07 and in hearing of urgent ad-interim relief in Suit No.223/26.
Matter is adjd to 06.02.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: None present for plaintiff.
None present for defendant.
Kept back
Later on at 12.20 p.m.
Advocate Snehal Marathe present for JD.
Kept back
Later on at 5.30 p.m.
As Court is busy in other work.
Matter is adjd to 07.02.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: None present for plaintiff.
None present for defendant.
Kept back
Kept back
As Court is busy in hearing of Ch/s in High Court Time Bound suit and Hearing in Ad-interim matters.
Matter is adjd to 09.02.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: Adv. Joyce Rath for Decree holder present and filed Praecipe for direction to the JD t.o.r. and marked as Exhibit- 29. Copy of other side kept on record. O – other side to say.
Adv. for DH received copy of Exh-27 from record.
None present for JD.
K.B
Matter is adjd. Order to 17.02.2026.
Next Purpose: ORDER
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 27-02-2026
Date: 27-02-2026
Business: Advocate Joyce Rath present for DH.
Advocate Snehal Marathe present for JD.
Matter is adjd to 05.03.2026 for Hearing / Order.
Next Purpose: ORDER
Next Hearing Date: 05-03-2026
Date: 05-03-2026
Business: Advocate Joyce Rath present for DH and filed pursis t.o.r. marked at Exh-30. O-Seen. Copy served to other side.
Advocate Snehal Marathe present for JD and filed reply on behalf of JD to application filed by DH t.o.r marked at Exh-31. O-Seen. Copy served to other side.
Kept back
Later on at 11.45 a.m.
Heard arguments of Advocate for DH on Exh-30.
Matter is adjd to 06.03.2026 for argument of JD at 2:45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Advocate Joyce Rath present for DH.
Advocate Snehal Marathe present for JD.
Heard argument of advocate for JD and advocate for DH.
Matter is adjd. for Order to 18-03-2026.
Next Purpose: ORDER
Next Hearing Date: 18-03-2026
Date: 18-03-2026
Business: Advocate Joyce Rath present for DH.
None present for defendant.
Kept back
Later on at 11.35 a.m.
Advocate Snehal Marathe present for JD.
Matter is adjd to 20.03.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: Advocoate Joyce Rath present for DH.
None present for JD.
Kept back
Later on at 5.25 p.m.
Court is busy in hearing of Ch/s in Suit No.8448/95, Suit No.7343/06 and Suit No.678/24.
Further order dictated partly, could not be completed due to paucity of time. Hence, adjourned.
Matter is adjd to 23.03.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: Advocate Joyce Rath present for plaintiff and filed preceipe to uphold the constitutional rights of the decree holder in view of JD’s fresh commission of criminal Act U/s 321 of the BNS 2023 t.o.r. marked at Exh-32. Order- Other side to say.
None present for defendant.
Kept back
Later on at 4.10 p.m.
Advocate Joyce Rath present for plaintiff.
Heard arguments of Advocate for DH the parties on Exh-32.
Matter is adjd to 24.03.2026 for Order on Exh-32.
Next Purpose: ORDER
Next Hearing Date: 24-03-2026
Date: 24-03-2026
Business: None present for DH.
Advocate Snehal Marathe present for JD.
Kept back
Later on at 12.55 p.m.
Advocate Joyce Rath present for DH and requested for keep back the matter for passing order below Exh-32 at 4:30 p.m. as she want to submit certain documents.
Kept back
Later on at 5.10 p.m.
Advocate Joyce Rath present for DH.
Advocate Snehal Marathe present for JD.
Advocate for DH filed pursis insport of Exh-32 with copy letter dated 03.01.2026 by members of society opposing repairs t.o.r. marked at Exh-33. O-Seen. Copy served to other side.
Advocate for DH received copy of Exh-31.
Heard arguments of both the parties on Exh-32.
Matter is adjd to 25.03.2026 for Order on Exh-32.
Next Purpose: ORDER
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: At 12:50 p.m.
Advocate Joyce Rath present for DH and filed pursis-III of decree-holder to place on record persistent and relentless attempts by Advocate for the JD to obstruct the sitting PO from administration of Justice Punishable u/s 211 and 267 of BNS 2023 t.o.r marked at Exh-34. O-Seen.
None present for JD.
Later on at 3.45 p.m.
Advocate Joyce Rath present for DH.
None present for JD.
For reason separately recorded following order is passed below Exh-32.
ORDER
1. Praecipe Exh-32 is hereby rejected.
2. The praecipe Exh-32 disposed of accordingly.
Matter is adjd to 26.03.2026 for order Exh-25 and Exh-29.
Next Purpose: ORDER
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: None present for plaintiff.
None present for defendant.
Kept back
Later on at 5.55 p.m.
As Court is busy in hearing ad-interim relief in SU 650/26 upto 5.55 p.m.
Matter is adjd to 27.03.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Advocate Joyce Rath present for DH.
None present for JD
Steno is on leave.
Matter is adjd to 30.03.2026 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: None present for plaintiff.
None present for defendant.
At 05.40 p.m.-
Court was busy in dictating judgment in Suit No.7933/1990.
Matter is adjd. for Order to 04.04.2026
Next Purpose: ORDER
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: None present for DH.
None present for JD.
KB
Later on at 5.35 pm.
For reason separately recorded following order is passed.
ORDER BELOW EXHS. 25 AND 29
Praecipe exhibit nos.25 and 29 stand rejected and disposed off accordingly.
Matter is adjd to 02-05-2026 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Not on board, taken on board.
Order below Exh-25 and Exh-29 dictated and pronounced at 5.35 p.m. on 04/04/2026, hence, it could not be uploaded in CIS. It is uploaded today.
Matter is already adjd to 02-05-2026 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-05-2026
Date: 02-05-2026
Business: P. O. IS ON LEAVE
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: None present for DH.
Adv. Snehal Marathe for the JD is present.
Matter is adjd. for appearance to 08.07.2026.
Judge
Next Purpose: FOR APPERANCE
Next Hearing Date: 08-07-2026
Date: 08-07-2026
Business: Adv. Marathe present for JD.
None present for defendant.
Matter is adjd. for appearance to 22-09-2026.
LO: at 11.40 am.
Adv. B.S. Rath for the DH present and filed pursis for adjournment. It is marked Exh. 35. O: No sign of applicant. Hence, seen and filed.
Matter is already adjd. for appearance to 22-09-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-09-2026
Date: 22-09-2026
Business: None present for DH.
None present for JD.
Matter is adjd. for Appearance to 04.12.2026
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-12-2026