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EXECUTION APPLN

Mr. Dinesh Khimji Jitiya Summ. Suit No. 275 of 2017VsMr. Vishwas Uttam Randive +1 more

CNR MHCC01013680201983-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100050/2020
Registration Date
10 Jan 2020
Next Hearing Date
02 Nov 2026
Case Stage
DISMISSAL

Advocates

1

For Petitioner

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: 28-01-2020
    Business: Shri B.S.Patil, Advocate for Plaintiff present.
    On request of Shri Patil, for taking steps, adjd to 30/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Parties and Advocate absent,  adjd to 01/02/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Shri B.S.Patil, Advocate for Plaintiff present.  Shri Patil prays for issue of Warrants u/o.XXI, Rule 46 and 48 of CPC, without issue of notice, stating that the Execution Application is filed within two years of passing of Decree.  Hence, issue warrants as prayed for, returnable on 27/04/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Parties and advocate are absent adjourned to 23/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Shri. B.S. Patil, advocate for plaintiff present. Shri. Patil states that as the warrants u/o.XXI Rule 46 and 48 in the matter have been issued on 29-01-2022, appropriate orders may be passed. In view of this present Execution Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrants issued in the matter will remain alive and the employer of the defendant to comply with the warrants till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrants of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
    Disposal Date: 23-03-2021
    
    Date: 30-08-2021
    Next Purpose: FOR___________________
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Shri B.S. Patil advocate for plaintiff present.
    Exe.Appln. Marked as Exh-A(Colly.)
    Shri Patil tendered two affidavits of plaintiffs in support of chamber orders for amending address of employer of Defendant No.1 and 2, respectively, t.o.r. marked as Exh-B and Exh-C.
    Upon hearing Shri Patil and upon perusing affidavits, exe.applcation is allowed to be amended.  Amendment be carried out within one month from today.  Amended warrants after carrying out amendment in Exe.Application be issued, returnable on 18/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Shri B.S. Patil advocate for plaintiff present.
    Matter is taken on board by way of praecipe t.o.r and marked as Exh.D.
    Shri Patil tendered application for allowing to add new address of defendant No.1 and 2 in column J of exe.application, t.o.r and marked as Exh.E.
    Upon hearing Shri Patil application Exh.E allowed.
    Execution application be amended as per rules amended warrants be issued accordingly returnable on 18/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Shri B.S.Patil, Advocate for Plaintiff present.
    Matter is taken on board, by way of praecipe, marked as Exh-F.
    Upon hearing Shri Patil, time to carry out amendment is extended till 16/11/2021.  Warrants after amendment be issued as ordered earlier returnable on 18/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Parties and advocate absent adjourned to 03/01/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Parties and advocate absent adjourned to 10/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 28/03/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Parties and advocate absent adjourned to 28/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Shri B.S. Patil, Advocate for Plaintiff present.
    On request of Shri Patil, adjourned to 18/07/2022, for taking instruction.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Shri. B.S. Patil, advocate for plaintiff present. Shri. Patil states that as the warrants u/o.XXI Rule 46 and 48 in the matter have been issued on 29-01-2022, appropriate orders may be passed. In view of this present Execution Application stands disposed off. It is made clear that though the Exe.Application is marked as disposed off, warrants issued in the matter will remain alive and the employer of the defendant to comply with the warrants till full satisfaction of Decree subject to provisions of Section 60 of CPC. Plaintiff will be at liberty to apply for Registrars Certificate and Payment Order from time to time till full satisfaction of Decree. Office of Sheriff of Mumbai to furnish certificate/report in respect of warrants of attachment every six months. Plaintiff is at liberty to take out Garnishee Proceedings, if necessary. Plaintiff is also at liberty to file fresh Exe.Application for the residual amount, if Decree is not satisfied within 12 years. Plaintiff shall apply for marking the Decree as fully satisfied upon receipt of entire decretal amount. Office of the Sheriff of Mumbai to act on the certified copy of this Order.
    Disposal Date: 18-07-2022
    
    Date: 01-10-2022
    Next Purpose: GARNISHEE NOTICE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Adv. Balbheem Patil  for plaintiff/DH present.
    None present for defendant.
    On the oral request by Ld. Adv. For plff/DH time is extended to serve the garnishee.
    Matter Adjd for service affidavit on 24/01/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Adv. Balbheem Patil for plaintiff/DH present.
    None present for defendant.
    Matter Adjd for steps on 06/03/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: None present.
    Matter Adjd for taking steps on 06/05/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Plaintiff/DH present.
    None present for defendant/JD.
    Matter Adjd for steps on 20/07/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: P. O. is on Leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: None present.
    Matter is adjourned to 18.11.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: None present.
    Matter is adjourned to 21.01.2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: P.O is on leave first session.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: Adv. Balbheem Patil for plaintiff present.
    Matter is adjourned to 19.04.2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: Adv. Balbheem Patil for DH present.
    Order - The record reveals garnishee notice is served on the Chief Accountant/Executive Engineer Transport Department. However, none appeared. Hence, the garnishee notice is made absolute as prayed.
    Matter is adjourned to 15.09.2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: None present.
    Matter is adjourned to 11/11/2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-11-2025
    
    Date: 11-11-2025
    Business: Adv. Balbheem Patil for plaintiff present.
    Order - No steps taken inspite order dt.30.07.2025. Hence, to take steps by next date without fail.
    Matter is adjourned to 03.12.2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: P.O is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: Adv. Balbheem Patil for DH present.
    Matter is adjourned to 20.03.2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-03-2026
    
    Date: 20-03-2026
    Business: Adv. Balbheem Patil for DH present.
    Matter is adjourned to 07.05.2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: Adv. Balbheem Patil for DH present.
    Matter is adjourned to 04.07.2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: None for DH. None for JD.
    Adv for DH is directed to take steps. If steps are not taken on next date, E.A will be dismissed.
    Matter is adjourned to 31.07.2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-07-2026
    
    Date: 31-07-2026
    Business: Adv. Balbheem Patil for DH present.
    DH is directed to take steps or further order will be passed.
    Matter is adjourned to 21.09.2026 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-09-2026
    
    Date: 21-09-2026
    Business: None for DH. None for JD.
    Since long steps are not taken. Put up suit for dismissal order.
    Matter is adjourned to 02.11.2026 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 114293/2019
    Filing Date: 10-01-2020
    First Hearing Date: 28th January 2020
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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