Ajit Ramdas Patil Suit No.137 of Konkan Division, Mumbai2018VsDr. Parashuram Gopal Masurekar

Date: 16-01-2020
Business: Ms. Mayuri Waykul, advocate for the plaintiff present. Shri. Ajit Patil, plaintiff present.
Ms. M.H. Belosay, advocate for the defendant present. Shri. Parshuram Masurekar, defendant present.
As Court is on leave, board discharged and adjd to 05/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Ms. Mayuri Waykul, advocate for the plaintiff present. Plaintiff present.
Shri. Masurekar defendant present.
Exe.application marked as Exh-A(Colly).
Shri. Masurekar has tendered adjournment application, t.o.r. and marked as Exh-B.
Copy of adjournment application has been served upon the advocate for the plaintiff across the bar.
Advocate for the plaintiff has no objection for granting adjournment. Shri. Masurekar states that the copy of exe.application has been received by him and he waives service of notice.
Hence, by consent, for reply of the defendant, adjd to 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Ms. Mayuri Waykul, advocate for the plaintiff present.
None for the defendant.
Ms. Waykul states that, though the defendant has appeared on last occasion and waived service of notice, has failed to appear today and she therefore, prays for issue of warrants against defendant and on her request, for taking further steps, against the defendant, adjd to 17/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Parties and Advocate absent.
Matter adjd to 02/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Ms. Mayuri Waikul advocate for plaintiff present.
Adjournment application dated 04/01/2021 under this office Inward No.55 date 04/01/2021, of the defendant t.o.r. and marked as Exh.C.
Ms. Waikul objects for adjournment, however, upon considering the adjournment application short adjournment is granted and matter adjourned to 20/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Ms. Mayuri Waikul advocate for plaintiff present.
Ms. Waikul prays for issue of warrants U/o.XXI, rule 43 and 46 of CPC against defendant stating that the defendant though appeared has not yet filed any reply.
Hence, issue warrants as prayed for returnable on 20/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Parties and advocate are absent.
Matter adjourned to 12/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 22/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Miss.Mayuri Waikul, Advocate for Plaintiff present.
Defendant present.
Earlier two adjournment applications of  the defendant under this office Inward No.4565 and 7415 dated 20/04/2021 and 12/07/2021 respectively, taken on record, marked as Exh-D and Exh-E, respectively.
Original warrants u/o.XXI, Rule 43 (1 warrant) and Rule 46 (2 warrants) with bailiff reports pasted thereon, tendered by Ms.Waikul, t.or. Marked as Exh.F, G and H, respectively.
Defendant states that he has engaged a lawyer  and request for adjournment stating that one last chance to file reply be granted to him.
Ms.Waikul objects, however, in the interest of justice, one last chance is granted for defendant to file reply, by adjourning the matter to 20/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Ms.Mayuri Waykul, Advocate for plaintiff present.
Shri Masurekar, Defendant present.
Ms.Waykul states that further steps be taken as though the last chance was granted for defendant to file reply, he is not ready with reply.
Defendant states that his Advocate is out of town further stating that he intends to do settlement and tendered application seeking adjournment on that count, t.o.r. marked as Exh-I.
In view of the said application, by consent, matter adjourned to 08/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Ms. Mayuri Waykul, advocate for plaintiff present.
Shri Jitendra Belosay, advocate for defendant preset.
Shri Belosay states that defendant is ready for settlement, however, seeks time for the same as his senior advocate is out of town.
Ms. Waykul objects, however, in the interest of Justice, taking into consideration the fact that the defendant is medical practitioner by profession, by way of granting last chance for settlement, matter adjourned to 20/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 04/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Ms. Mayuri Vaykul, advocate for plaintiff present.
Plaintiff and defendant also present.
Ms.Vaykul tendered consent terms signed by plaintiff and defendant and by the advocate for plaintiff.
Plaintiff and defendant admit the contents of consent terms and the same is taken on record and marked as Exh.J.
In view of the terms of consent terms on request of Ms. Vaykul matter adjourned to 05/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: As Court is on leave, board discharged and matter adjourned to 22/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Ms. Mayuri Walkul, Advocate for plaintiff present.
None for defendant.
Ms. Walkul tendered application for arrest and detention of defendant in Civil Prison, t.o.r. marked as Exh-K.
Ms.Waikul states for passing appropriate orders on the application tendered today, matter be submitted to Honourable Court, as per assignment.
Hence, matter is hereby submitted to Honourable Court, as per assignment on 27/04/2022.
Office to take steps to assign the matter to Honourable Court.
Parties and Advocates to appear before the Honourable Court, as may be assigned, on 27/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Matter received from Registra\''s court.
Mr. Ajit Patil, Decree holder present.
Adv. Mayuri Waykul for DH present. She tendered application for issuance of arrest warrant against Judgment Debtor. O- For the reason stated issue arrest warrant as prayed.
None for defendant.
Matter stands adjourned to 30.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Adv. Mayuri Waykul for DH present. She tendered application for depositing subsistence allowance. TOR. Exh.03.
O-Allowed.
None present for JD.
Matter stands adjourned to 17.09.2022 for report of arrest warrant.
Next Purpose: REPORT
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: DH a/w Adv. present. He tendered VP. TOR. Exh.04.
He also tendered application for withdrawal of the case a/w application for refund of subsistence allowance deposited earlier. TOR. Exh.05 and Exh.06.
Heard the advocate and DH in person.
DH has already received the possession of the flat. According to him, no LRs of JD are found therefore, remaining decree for recovery of amount becomes infructuous. Consequently, DH do not want to proceed with the execution proceeding and wants to withdraw in full satisfaction. Hence, EA No.18/2020 stands disposed of as withdrawn in full satisfaction. The amount of subsistence allowance deposited, if any, be refunded to the DH.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-09-2022

Registration Number: 100018/2020
Transfer Date: 26-04-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 114253/2019
Filing Date: 04-01-2020
First Hearing Date: 16th January 2020
Decision Date: 17th September 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE