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EXECUTION APPLN

Manohar Khandu Karbal Summ. Suit No. 1048 of 2015VsPrakash Rajaram Chavan

CNR MHCC0101370520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th August 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100417/2016
Registration Date
19 Aug 2016

Advocates

1

For Petitioner

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: 14-02-2020
    Business: Shri. Rajesh Patil Advocate for plaintiff present.
    Exe.application marked as Exh-A(Colly).
    Shri. Patil prays for issue of Garnishee notice and in support of the same he has tendered the affidavit of Plaintiff,  t.o.r. and marked as Exh-B.
    Hence, upon perusing the affidavit and upon hearing Shri. Patil, issue Garnishee Notice returnable on 26/03/2020, before the Honoura
    ble Court as per assignment of the matter.
    Matter be sent to Exe. Department for assignment of the matter and for issue of Garnishee Notice.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: FOR___________________
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjourned
    Next Purpose: FOR___________________
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Rajesh Patil present  for plaintiff .
    None present for defendant.
    Matter is adjd to 12.03.2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Rajesh Patil for Decree holder is present.
    He has filed service report issued upon Garnishee.
    None for garnishee.
    Matter adjd for reply of garnishee on 30.04.2021.
    Next Purpose: REPLY
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 26.06.2021.
    Next Purpose: REPLY
    Next Hearing Date: 26-06-2021
    
    Date: 26-06-2021
    Business: In view of Office Order No.117/2021 dated 24.06.2021, as holiday declared on 26.06.2021, the board is discharged and the matter is adjd to
    Next Purpose: REPLY
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Matter called out at 04.01 p.m.
    None present.
    Matter stands adjourned to 08.10.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Matter called out at 5.41 p.m.
    Adv. Rajesh Patil for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 30.10.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Matter called out at 4.51 p.m.
    None present.
    Matter stands adjourned to 13.12.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Matter mentioned at 12.32 p.m.
    Adv. Rajesh Patil for DH present.
    None present for JDR.
    Heard Ld. Advocate Rajesh Patil for DH.
    In pursuance of order dated 14.02.2020, he has served garnishee on 06.03.2020.  In spite of receipt of notice, the Medical Superintendent Lokmanya Tilak Municipal Hospital, failed to appear and deposit the amount in this court. Hence, Garnishee is ordered to comply with the notice dated 18.02.2020 and to deposit the amount as per notice together with interest as mentioned in the notice before the Sheriff office of this Court.
    The order be communicated to the Garnishee.
    Humdust Allowed.
    Matter stands adjourned to 28.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Matter called out at 12.03 p.m.
    Adv. Rajesh Patil for DH present.
    Adjourned to 09.03.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: None present.
    Matter stands adjourned to 28.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None present.
    Matter stands adjourned to 02.07.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: DH absent. Hence, put up for steps.
    Matter stands adjourned to 26.09.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None present.
    Matter stands adjourned to 28.11.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: None present.
    Matter stands adjourned to 02.02.2023 for steps.
    Later on mentioned at 11.36 a.m.
    Adv. Rajesh Patil for DH present.
    None present for JD.
    Already adjourned to 02.02.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None present.
    Matter stands adjourned on 18.03.2023 for taking steps.
    Later on at 12.15 pm
    Adv. Rajesh Patil DH present.
    Already matter adjourned on 18.03.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: None present.
    Matter stands adjourned on 22.06.2023 for steps.
    Later on at 1.00 p.m.
    Adv. Rajesh Patil for DH present. He is seeking time. Time granted.
    Matter stands adjourned on 22.06.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: As Court is on leave, matter adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv Rajesh Patil present for D/H.
    None present for J/D.
    Exh.2 pursis filed by advocate for D/H of serving the copy of order to J/D. As per the order dtd 13.12.2021 the D/H served the copy of order to the garnishee on 11.01.2022. To verify whether the garnishee has deposit the amount as per the order, before the sheriff office. Report be called from the sheriff office.
    Matter stands adjourned on 23-11-2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Advocate Rajesh Patil present for Decree holder.
    None present for Judgment debtor.
    Letter not issued to the sheriff office same be issued.
    Matter stands adjourned on 29-01-2024 for report.
    Next Purpose: REPORT
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: P.O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: Advocate Rajesh Patil for D/H present.
    None for J/D present.
    Exhibit- 3 Sheriff report received. Taken On Record. O - filed.
    Matter stands adjourned on 15-03-2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Adv. Rajesh Patil for D/H present. He seeks time for argument.
    None for J/D present.
    Matter stands adjourned on  for 30.03.2024 hearing
    Next Purpose: HEARING
    Next Hearing Date: 30-03-2024
    
    Date: 30-03-2024
    Business: P. O. is on Leave.
    Next Purpose: HEARING
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: None present.
    Matter stands adjourned on 31-07-2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: None for D/H present.
    None for J/D present.
    Matter stands adjourned on 19-10-2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: None for DH present.
    None for JD present.
    Matter stands adjourned on 04.01.2025 for haring on documents.
    Next Purpose: HEARING
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Adv. Bhavesh Suryawanshi h/f Adv. Yogesh Kokare for defendant present and filed Vakalatnama. t.o.r. and marked as Exh.4.
    Matter stands adjourned on 01-03-2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for D/H present.
    Adv. Yogesh Kokare for J/D present.
    The Ld. Adv. informed that Settlement talk is going on between the parties. Hence matter be referred to Lok-adalat.
    O - Issue notice to Decree Holder for appearing before Lok-adalat for settlement.
    Matter stands adjourned on 22-03-2025 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK-ADALAT HELD ON 22/03/2025
    CORAM H.H. JUDGE SHRI. B. D. SHELKE
    (Matter pertains from CR No.3)
    Decree Holder is present.
    Adv for D/H is absent.
    Adv Yogesh Kokre for J/D is absent.
    Matter is not settled. Hence matter be kept before regular Court.
    Matter is adjd to 23/04/2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 02-08-2025 for
    Later on at 3.20 p.m.
    Advocate Rajesh Patil for D/H present.
    Advocate Yogesh Kokare for J/D present.
    They are requesting to change the date as settlement talk is going
    on.
    Matter stands adjourned on 30-06-2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 30-06-2025
    
    Date: 30-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for D/H present.
    None for J/D present.
    Inspite of report Exh3 the D/H has not taken steps to get the decree executed. It means the D/H is not interested to get the decree executed. Hence, kept for dismissal order to be passed on next date for want of prosecution.
    Matter stands adjourned to 05-08-2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Rajesh Patil for D/H present.
    Advocate  for J/D present.
    Court is busy in other matters, hence adjourned.
    Matter stands adjourned to 19-08-2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-08-2025
    
    Date: 19-08-2025
    Business: P.O. is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    By Praecipe matter taken on board. Marked at Exh.4.
    Advocate Rajesh Patil for D/h present.
    Kept back. Later on. D/h/ Plaintiff present and filed application at Exh.5 to withdraw the execution application. The D/h / plaintiff present in person and submits that he has received amount of decree. Advocate Yogesh Kokare for defendant present he has no objection. Hence, Execution Application stands disposed of as decree fully satisfied. Accordingly warrant of attachment if any be recalled.
    Nature Of Disposal: OTHER
    Disposal Date: 25-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 114292/2019
    Filing Date: 19-08-2016
    First Hearing Date: 14th February 2020
    Decision Date: 25th August 2025
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Aug 2025
    Order Details: Other
    Pdf Text: 1 C.R. No.03
    25.08.2025
    NOB TOB
    EA 417/16
    SU 1048/15
    Exh.4.
    Exh.5.
    CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    By Praecipe matter taken on board. Marked at Exh.4.
    Advocate Rajesh Patil for D/h present.
    Kept back. Later on. D/h/ Plaintiff present and filed application at
    Exh.5 to withdraw the execution application. The D/h / plaintiff
    present in person and submits that he has received amount of
    decree. Advocate Yogesh Kokare for defendant present he has no
    objection. Hence, Execution Application stands disposed of as decree
    fully satisfied. Accordingly warrant of attachment if any be recalled.
    Judge
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