Hillary Maurice Fernandes Through his Power of Attorney Holders Suit No 2211 of 2015VsRisbert Savio Pires

Date: 17-01-2020
Business: Parties and advocate absent.
As Court is on leave, board discharged and adjd to 23/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Parties and Advocate absent,  adjd to 01/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Shri. Prashant Prabhu, advocate for the plaintiff present.
Exe.application marked as Exh-A(Colly).
Matter is taken on board by way of praceipe, marked as Exh-B.
Shri. Prabhu, prays for issue show cause notice before execution, as the decree for possession is sought to be executed.
Hence, issue notice as prayed for, returnable on 12/02/2020 and on request of Shri. Prabhu short service by Humdust, private service is allowed.
Next Purpose: FOR___________________
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Shri. Prashant Prabhu, advocate for the plaintiff present.
On request of Shri. Prabhu, substitute service by way of pasting is allowed, returnable on 16/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: wrongly taken on board,  already adjourned to 16/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Shri Prashant Prabhu advocate for plaintiff present.
Affidavit of service dated 12/02/2020 tender on last occasion by Shri Prabhu t.o.r., and marked as Exh-C.
On request of Shri Prabhu for completing substitute service matter adjd to 16/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 06-07-2020

Date: 06-07-2020
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: Parties and advocate are absent adjourned to 19/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Parties and advocate are absent adjourned to 01/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Shri P.P. Prabhu advocate for plaintiff present.
On request of Shri Prabhu matter adjourned to 25/03/2021, for completing substitute service by way of pasting.
Next Purpose: FOR___________________
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Shri Prashant Prabhu advocate for plaintiff present.
Shri Prabhu has submitted original notice along with pasting report endorsed thereon by bailiff, t.o.r. and marked as Exh.D.
On request of Shri Prabhu for taking further steps adjourned to 16/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Today being declared holiday, 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 04/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Shri Prashant Prabhu, Advocate for Plaintiff present.
Shri Prabhu prays for issue of warrant of possession stating that despite service the defendant neither appeared before this Court nor handed over the possession to the plaintiff.
Hence, upon perusing affidavit of service, issue warrant of possession, subject to tendering usual affidavit by the plaintiff, returnable on  27/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Shri Prashant Prabhu, Advocate for Plaintiff present.
On request of  Shri Prabhu adjourned to 27/09/2021 by extending the returnable date of warrants.
Next Purpose: FOR___________________
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Shri Prakash Prabhu advocate for plaintiff present.
On request of Shri Prabhu matter adjourned to 29/10/2021, by extending the returnable date of warrant.
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Shri Prashant Prabhu, advocate for plaintiff present.
None for defendant.
Original warrant u/o.XXI, Rule 35 of CPC, tendered by Shri Prabhu t.o.r and marked as Exh.E.
Shri Prabhu has also tendered bailiff report dated 26/10/2021, regarding non execution of said warrant t.o.r and marked as Exh.F.
Shri Prabhu states that he is intending to take out appropriate proceedings before the Honourable Court for taking forcible possession and prays that matter be submitted to Honourable Court.
In view of this matter is hereby submitted to Court as per assignment on 26/11/2021,
Office to takes steps for assignment of matter to the Honourable Court.
Parties and advocates to appear before the Court as may be assigned on 26/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Matter mentioned at 11.24 a.m.
Adv. P. P. Prabhu for DH present.  He is seeking time. Time granted.
Matter stands adjourned to 21.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Matter mentioned at 12.26 p.m.
Adv. Tripathi for DH present.
None present for JDR.
At the request of DH, matter stands adjourned to 27.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Court is on Leave, Hence Board is discharged to next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Adv. for Prashant Prabhu DH present.
None for Defendant.
Heard Ld. Adv for decree holder. He filed application for forcible possession of suit premises with the help of police. TOR. It is marked as Exh.02.
He has pointed out earlier efforts taken were not work out and the premises found to be locked since long.
Order - For the reason stated in the application. Application allowed.
DH is allowed to take forcible possession of the suit premises with the help of police. Inventory if any lying in the suit flat be recorded by way of panchnama and same may be kept in proper custody in one room .  Application disposed of accordingly.
Matter stands adjourned to 07.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: NOBTOB
Moved by praecipe. Allowed.
Matter mentioned at 11.11 a.m.
Adv. Prashant Prabhu for DH present. He tendered application for extension of time for report. TOR. Exh.3.
O-allowed till next dated 30.04.2022.
None present for JDR.
Matter already stands adjourned to 07.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Court is on leave in second session. Hence board discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: NOBTOB
Matter mentioned at 5.01 p.m.
Adv. Prabhu for DH present.
He tendered application seeking clarification in order dated 10.02.2022 with respect to break open the lock of suit premises. TOR. Exh.4.
O-In fact, looking to the facts and circumstances, this court allowed DH to take forceful possession of the suit premises with the help of police. The aforesaid order itself explicit to take forceful possession by breaking open the lock. Be that it may be, now the following direction be read into the order dated 10.02.2022. The DH is allowed to take forceful possession of the suit premises by breaking open the lock of the suit premises with the help of police. Inventory if any, found same may be recorded by way of Panchnama and same be kept therein in one room under lock and key of Sheriff.
Parties to act on authenticated copy.
Matter already stands adjourned to 30.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. P. P. Prabhu for DH present.
Heard Ld. Adv. Prabhu. He tendered original writ of possession. TOR. Exh.5.
He also tendered bailiff report dated 12.04.2022. TOR. Exh.6 which shows that possession of suit premises handed over to the DH and all the articles found in the premises where kept in the flat as it is.  The list of inventory is prepared.
Admittedly, nobody has appeared for JDR. Therefore, it is necessary to dispose of the inventory either by way of public auction or otherwise.
On perusal of photographs of the inventories, it appears that the articles are unusable and worthless. Be that may be, it is desirable first to try to sell the same by public auction. If the bailiff found the articles are such a nature which would burden the public auction, the inventory can be sold out at the valuation decided by the bailiff and DH can purchase the same if he want and the amount so realised shall be deposited with this court which is to be given to the JDR, if he applies for withdrawal of such amount within a period of 3 years. Upon expiry of the aforesaid period of 3 years, the amount shall be forwarded to the treasury.
Matter stands adjourned to 29.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. P. P. Prabhu for DH present. He is seeking time. Time granted.
None present for JD.
Matter stands adjourned to 29.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. P. P. Prabhu for DH present.  He is seeking time. Time granted.
None present for JD.
K.B.
Later on called out at 12.15 p.m.
None present.
Matter stands adjourned to 01.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None present.
Matter stands adjourned to 19.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Prashant Prabhu for DH present. He tendered report  received from sheriff office. TOR. Exh-07. The sheriff office is directed to deposit the amount release in auction with the PLA department. According to the DH the decree is fully satisfied. Hence, the EA No.20/20 stands disposed of in full satisfaction.
None present for JD.
Nature Of Disposal: OTHER
Disposal Date: 14-03-2023

Registration Number: 100020/2020
Transfer Date: 30-10-2021
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 114106/2019
Filing Date: 06-01-2020
First Hearing Date: 17th January 2020
Decision Date: 14th March 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE