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EXECUTION APPLN

Mr. Dayanand Wamanrao Kale S.C.Suit No2520 of 2015VsShashikala Benjamin +2 more

CNR MHCC010161382018966-IC REGISTRAR CITY CIVIL COURT MUMBAI
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th January 2023

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100033/2019
Registration Date
01 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec warrant

    Case History / Proceedings

    Case History
    Date: 13-02-2019
    Business: Parties and Advocate absent, adjd to  21/02/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Parties and Advocate absent, adjd to 04/03/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: Shri. Jitendra Tiwari, advocate for plaintiff present. As the matter is for issue of warrant of possession, Shri. Tiwari agrees for issue of notice before execution. Hence, on request of Shri. Tiwari, issue notice before execution returnable on  01/04/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Parties and Advocate absent, adjd to  12/06/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Parties and Advocate absent, adjd to  19/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Shri. Jitendra Tiwari, advocate for the Plaintiff present. Exe.application marked as Exh.A(Colly). Shri. Tiwari, has tendered original notice alongwith service report endorsed thereon, stating that notice could not be served, taken on record and marked as Exh.B. Shri. Tiwari, has therefore, tendered the application for substitute service by way of pasting, taken on record and marked as Exh.C. The said application is allowed. Issue fresh notice to be served by way of pasting, returnable on 16/08/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: Parties and Advocate absent,  adjd to 23/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Shri. Jitendra Tiwari, advocate for the Plaintiff present. Matter is taken on board by way of praceipe, marked as Exh.-D. Shri. Tiwari has filed application for extension of time for completing substitute service, taken on record and marked as Exh.E. Application allowed, for completing service adjd to 25/09/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Shri. Jitendra Tiwari, advocate for the Plaintiff present. As Court is on leave, board discharged and adjd to 10/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Shri. Jitendra Tiwari, advocate for the Plaintiff present. On request of Shri. Tiwari, for filing affidavit of service, adjd to 17/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Shri. Vinay Pande, advocate for the Plaintiff present. On request of Shri. Pande, adjd to 20/11/2019, for filing affidavit of service.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Parties and Advocate absent,  adjd to 22/11/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Parties and Advocate absent,  adjd to 09/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Parties and Advocate absent,  adjd to 21/01/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Parties and Advocate absent,  adjd to 27/02/2020.
    As nobody is appearing in the matter, issue letter to advocate for plaintiff to appear before this court on next date informing that on failure to appear before this court on next date matter will be disposed of assuming that the decree has been fully satisfied.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Shri. Jitendra Tiwari Advocate for plaintiff present.
    On request of Shri Tiwari for taking further steps, adjd to 04/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Shri. Satyam Dube Advocate for plaintiff present.
    On request of Shri Dube, for filing affidavit of service  adjourned to 06/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Shri. Sandeep Singh advocate for plaintiff present.
    On request of Shri Singh for filing affidavit of service adjourned to 07/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Parties and advocate absent. Matter adjourned to 14/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Parties and Advocate absent, adjd to 18/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Parties and Advocate absent, 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: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Parties and advocate are absent adjourned to 16/02/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Parties and advocate are absent.
    As Court is on leave, board discharged and matter adjourned to 01/03/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Shri Sandeep Singh advocate for plaintiff present.
    On request of Shri Singh matter adjourned to 12/03/2021, for filing affidavit of service.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Parties and advocate are absent adjourned to  21/04/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Parties and advocate are absent.
    As Court is on leave, board discharged and matter adjourned to  05/07/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 09/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Shri Satay Dube advocate for plaintiff present.
    On request of Shri Dube for filing of affidavit of service adjourned to 24/08/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Shri Tiwari advocate for plaintiff present.
    On request of Shri Tiwari matter adjourned to 21/09/2021 for filing of affidavit of service.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Parties and Advocate absent matter adjourned to 20/10/2021, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Shri Jitendra Tiwari, Advocate for plaintiff present.
    Original notice with service report of bailiff pasted thereon, taken on record, marked as Exh-F.
    As per report service is effected by way of pasting and Shri Tiwari prays for issue of warrant of possession, by making the notice absolute as despite service defendant neither appeared nor filed any reply.
    Hence, upon perusing record and upon hearing Shri Tiwari, notice issued against defendant is hereby made absolute and issue warrant of possession u/o.XXI Rule 35 of CPC, subject to filling of an usual affidavit by plaintiff, returnable on 16/12/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Shri Sandeep Singh, advocate for plaintiff present.
    On request of Shri Singh, matter adjourned to 05/02/2022, for compliance of order dated 20/10/2021, in respect of issue of warrant of possession.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: In view of Office Order No.22 of 2022, matter adjourned to 01/03/2022, earlier orders to continue.
    Next Purpose: FOR___________________
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Shri Sandeep Singh, Advocate for Plaintiff present.
    On request of Shri Singh, matter adjourned to 13/04/2022, for compliance of order dated 20/10/2021, in respect of issuance of warrant of possession.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Shri Rajkumar Kharwar, advocate for plaintiff.
    On request of Shri Kharwar,  matter adjourned to 29/06/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Parties and advocate absent adjourned to 18/07/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Shri Satyam Dube advocate for plaintiff present.
    None for defendant.
    Shri Dube, on the ground of health issue of plaintiff request or extension of time for execution of warrant of possession and on his request matter  adjourned to 20/09/2022, by extending the returnable date of warrant.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: As Court is on leave, board discharged and matter adjourned to 12/10/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Parties and advocate absent adjourned to 02/12/2022, by way of last chance.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Parties and advocate absent adjourned by way of last chance to 22/12/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Parties advocates absent, matter adjourned to 04/01/2023, for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Parties advocates absent.
    Though the matter is kept for dismissal none appeared today also and hence execution application stands disposed of for want of taking steps.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113904/2018
    Filing Date: 01-02-2019
    First Hearing Date: 13th February 2019
    Decision Date: 04th January 2023
    Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI

    Orders

    2
    Final Order 1
    04 Jan 2023
    Order Details: Other
    Order 1
    04 Jan 2023
    Order Details: Other

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