Order 4

Order Details: Order on Exhibit
Pdf Text: : 1 : Exh 1 in Exe Appln 9-2024
[ CNR No.:- MHSCA3-000013-2024]
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT – 1
IN
EXECUTION APPLICATION NO. 09 OF 2024
IN
R.A.E. & R. Suit No. 80/205 of 2003
Mrs. Matilda D’Silva (since deceased)
1(a). Dallas D’Silva & Ors. … Applicants/DH
(Orig. plaintiffs)
Versus
1. Mr. Mithailal Ramkaran Tiwari (since deceased)
1(a) Mr. Radheshyam M. Tiwari (since deceased)
1a)(i) Mrs. Jadavati w/o Radhesham Tiwari & Ors. … Respondents/JD
(Orig. defendants)
Mr. M. R. Irani, Ld. Advocate for Applicants (original plaintiff).
Mr. A. K. Upadhyay, Ld. Advocate for defendant No.4.
Coram : R. M. Tuwar, Judge,
Court Room No. 40.
Date : 17.08.2026.
:: ORDER ::
Today the matter is fixed for reply of decree-holder on
Exh.22 and reply filed by decree-holder vide Exh.30. After perusal of
record it appears that initially the warrant of possession has been issued
against the judgment-debtor, however, original defendant No.4 i.e. Gaji
Darbar Caterers has been taken out MARJI Application No.4 of 2025 for
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condonation of delay to file setting aside exparte decree dated
31.07.2023. However, that delay condonation application rejected by
my Ld. Predecessor. Thereafter, defendant No.4 taken out Revision
Application which also rejected on 02.08.2025. Thereafter, defendant
No.4 taken out Writ Petition No.16049 of 2025 before Hon’ble High
Court wherein Hon’ble High Court disposed of writ petition in view of
consent minute taken place between the parties by imposing costs of
Rs.3 lakh payable to the decree-holder and also granted liberty to the
petitioner i.e. defendant No.4 to file appropriate application to set aside
exparte decree dated 31.07.2023 and requested this court to dispose of
this application on or before 31.08.2026. However, it appears that
defendant No.4 taken out MARJI Application to set aside exparte decree
on 14.07.2026 i.e. after the period of more than 7 months from the date
of order of Hon’ble High Court. That MARJI Application No.31 of 2026
came before this court first time on 20.07.2026, However, neither
applicant nor his advocate were present before court, therefore, this
court was not aware about the deadline to dispose of application to set
aside exparte decree on or before 31.08.2026.
2. Therefore, in routine course this court issued notice to the
respondent r/o 21.09.2026. As the Marji Application taken out by
defendant No.4 at very belated stage after the order of Hon’ble High
Court. Today, Ld. Advocate for the decree-holder in execution
proceeding invited my attention to the order passed by Hon’ble High
Court on 08.12.2025. Therefore the execution proceeding cannot be
proceeded unless and until deciding MARJI Application no.31 of 2026.
Today decree-holder and his advocate present before the court and they
have provided copy of MARJI Application No.31 of 2026 and they are
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going to file their reply on next date on 21.09.2026. Therefore, issue
extension letter to Hon’ble High Court as above.
[ R. M. Tuwar ]
Date : 17.08.2026. Judge, C.R. No. 40
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