CNR MHSCA30005062023 – Bandra, Small Causes Court Case Details

Case Overview

Registration Number: 200049/2023
Registration Date: 19 Jun 2023

Advocates

2

For Petitioner

Pandey Dinesh R

For Respondent

Yadav Ajay Kumar

Parties

2

Petitioner

1Avdhesh Kumar Vishwakarma

Respondent

1Ramesh Khichadu Dhakoliya

Acts & Sections

1

CODE OF CIVIL PROCEDURE · Sec 21

Case History / Proceedings

Case History

Date: 20-06-2023
Business: Resumed.  Plaintiff and adv present.  Order passed below Exh.1 Possession warrant be issued.  Bailiff L.T. Pawar here by appointed for execution of warrant of possession.  Bailiff to provision of order 21 Rule 35(3) of CPC 1908 strictly.
Adj for alias as per order below exh.1
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: Resumed.  Pltff and adv present.
Exh.6/D Application filed by Adv for pltff Provide to Police protection and Break open lock.
Order passed below Exh. 6  Application allowed (see detail order)
Adj for Alias as per Exh.6
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Resumed.  Pltff and adv present.
Adj for Alias as per order below Exh.6
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Resumed.  Pltff and adv present.
Exh.8/D Application to direction to Registrar for issue letter Dy. Police Commissioner of Police. Heard, Order passed below Exh.8 Application allowed. Deputy Commissioner of police , Mumbai is Hereby directed to provide requisite Police aid at the time of execution of decree on payment of requisite charges and bhatta by Decree holder/pltff.  Mr. L.T Pawar is direced to executed the decree as per law.
issue letter to deputy commissioner of police, Mumbai accordingly. R/o dt.28.08.2023
Adj for Alias as per order below Exh.8
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Resumed. Pltff and adv present.
Adj for Alias as per order below Exh.8
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Resumed.  Pltff and adv present.
Exh.10/D Application for issue show cause notice.
Order passed below Exh.10. O- Issue show cause notice to consent police authority, as to why action should not be taken for contempt of court by voliting
Adj for Alias as per order below Exh.10
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: PO is on leave.
Pltf. and advt. present.
Adj. for reply (police commissioner)
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Resume Pltff and Adv.  Present.
Exh-12/D Reply filed by Police commissioner on Order Dt. 15-09-2023 in Exh- 10. O-Seen
Adj for Alias as per Order below Exh-10
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: P.O. is on leave.
Pltff and holding adv present. Deft present.
Adj for complied order
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Resume Both parties and  both side Adv Present .
Exh-13/D S.V. filed by Adv for Defts. (Adv Ajay S. Yadav) O-filed
Exh-14/D Appln for Sale of Articles and things by public auction filed by Adv for Pltff. O-O.S. to say
Adj for Reply in Exh-14 by Deft. / Settlement.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Resume Both Parties and both side Adv Present
B.C. Adj for Reply in Exh-14 by Deft./ Settlement.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Resumed.  Both parties and both side adv present.
Exh.15/D TOB application filed by adv for pltff. O-Allowed.
Exh.16/D Application for return of artical as per bailiff report.  H.W. say given by adv for pltff.
Order passed below Exh.16. O-Allowed.
The decree holder directed to release and hand over articles in the suit premises as enlisted in the bailiff report, to the present defendant.
Exh.17/D Joint Pursis filed by both side. O-R/R
Order passed below Exh.1
The Execution application stands disposed off as fully satisfied. Possession become absolute.  Issue certificate under Order 21 Rule 55(b) of CPC 1908. No order costs.
Nature Of Disposal: Other Wise
Disposal Date: 27-10-2023

Additional Case Details

Filing Number: 201486/2023
Filing Date: 21-04-2023
First Hearing Date: 20th June 2023
Decision Date: 27th October 2023
Court Number And Judge: 37-Judge C.R.No. 37

Orders

10

Final Order 6

27 Oct 2023

Order Details: Order on Exhibit
Pdf Text: Execution-49-2023-satisfied.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 1
IN
EXECUTION APPLICATION NO.49 OF 2023
IN
R.A.E. SUIT NO.642 OF 2016
(CNR : MHSCA3-00506-2023)
Mr. Avdhesh Kumar Vishwakarma … Plaintiff
V/s
Mr. Ramesh Khichadu Dhakoliya ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 27.10.2023
ORAL ORDER :
It is submitted by way of pursis filed below Exh.17 that
on 11.10.2023, the decree holder has received possession of suit
premises. Thereafter, by virtue of settlement with defendant, he has
entered into an agreement of tenancy with one Mr. Siraj Mustafa
Ahmed. As such, the decree is fully satisfied. Accordingly, execution
application stands disposed off as fully satisfied. Possession become
absolute. Issue certificate under Order 21 Rule 55(b) of CPC 1908.
No order as to costs.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
27.10.2023
Dictated on : 27.10.2023
Checked & signed on : 27.10.2023
/home/steno37/D. P. Kasat - Judge/ORDER/Oct 2023/Execution-49-2023-satisfied.odt
-- 1 of 1 --

Final Order 5

27 Oct 2023

Order Details: Order on Exhibit
Pdf Text: Execution-49-2023-Exh-16-return of article.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 16
IN
EXECUTION APPLICATION NO.49 OF 2023
IN
R.A.E. SUIT NO.642 OF 2016
(CNR : MHSCA3-00506-2023)
Mr. Avdhesh Kumar Vishwakarma … Plaintiff
V/s
Mr. Ramesh Khichadu Dhakoliya ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 27.10.2023
ORAL ORDER :
Read application and say filed thereon. Perused record.
Perusal of record and more particularly the report of bailiff dated
11.10.2023 shows that articles found in the suit premises are enlisted
by him alongwith his report. Now, it appears that the decree holder
has entered into an agreement with new tenant. In such
circumstances, it would be just and proper to release the articles
enlisted in the bailiff report in favour of present defendant.
Consequently, the application is allowed and the decree holder is
directed to release and hand over the articles in the suit premises as
enlisted in the bailiff report, to the present defendant.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
27.10.2023
Dictated on : 27.10.2023
Checked & signed on : 27.10.2023
/home/steno37/D. P. Kasat - Judge/ORDER/Oct 2023/Execution-49-2023-Exh-16-return of article.odt
-- 1 of 1 --

Interim Order 4

15 Sept 2023

Order Details: Order on Exhibit
Pdf Text: 1 Execution-49-2023-Exh-10.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 10
IN
EXECUTION APPLICATION NO.49 OF 2023
IN
R.A.E. SUIT NO.642 OF 2016
(CNR : MHSCA3-00506-2023)
Mr. Avdhesh Kumar Vishwakarma … Plaintiff
V/s
Mr. Ramesh Khichadu Dhakoliya ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 15.09.2023
ORDER :
Issue show cause notice to concerned police authority, as
to why action should not be taken for contempt of court by violating
order of Court.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
15.09.2023
/home/steno37/Hand written orders/Execution-49-2023-Exh-10.odt
-- 1 of 1 --

Interim Order 3Full order available

07 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-8.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 8 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-00506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 07.08.2023 ORAL ORDER : Read application. Perused record. Perusal of record and more particularly the report of bailiff dated…

Read Full Order

Interim Order 2Full order available

01 Jul 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-6-break open-police aid.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 6 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-00506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 01.07.2023 ORAL ORDER : This is an application filed by the decree holder / plaintiff for providing…

Read Full Order

Interim Order 1Full order available

20 Jun 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-1-warrant of poss.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 1 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-000506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Advocate for the plaintiff : Mr. D. R. Pandey. Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 20.06.2023 ORAL ORDER : This is an execution…

Read Full Order

Order 4

15 Sept 2023

Order Details: Order on Exhibit
Pdf Text: 1 Execution-49-2023-Exh-10.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 10
IN
EXECUTION APPLICATION NO.49 OF 2023
IN
R.A.E. SUIT NO.642 OF 2016
(CNR : MHSCA3-00506-2023)
Mr. Avdhesh Kumar Vishwakarma … Plaintiff
V/s
Mr. Ramesh Khichadu Dhakoliya ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 15.09.2023
ORDER :
Issue show cause notice to concerned police authority, as
to why action should not be taken for contempt of court by violating
order of Court.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
15.09.2023
/home/steno37/Hand written orders/Execution-49-2023-Exh-10.odt
-- 1 of 1 --

Order 3Full order available

07 Aug 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-8.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 8 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-00506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 07.08.2023 ORAL ORDER : Read application. Perused record. Perusal of record and more particularly the report of bailiff dated…

Read Full Order

Order 2Full order available

01 Jul 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-6-break open-police aid.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 6 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-00506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 01.07.2023 ORAL ORDER : This is an application filed by the decree holder / plaintiff for providing…

Read Full Order

Order 1Full order available

20 Jun 2023

Order Details: Order on Exhibit Pdf Text: 1 Execution-49-2023-Exh-1-warrant of poss.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 1 IN EXECUTION APPLICATION NO.49 OF 2023 IN R.A.E. SUIT NO.642 OF 2016 (CNR : MHSCA3-000506-2023) Mr. Avdhesh Kumar Vishwakarma … Plaintiff V/s Mr. Ramesh Khichadu Dhakoliya ... Defendant Advocate for the plaintiff : Mr. D. R. Pandey. Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 20.06.2023 ORAL ORDER : This is an execution…

Read Full Order