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Exe Appln

Mr Dallas Dsilva +1 moreVsMrs Prema Ramsanehi Nirmal Since Deceased +3 more

CNR MHSCA3000674202435-Judge C.R.No. 35
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 15th March 2025

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200061/2024
Registration Date
01 Aug 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 21

    Case History / Proceedings

    Case History
    Date: 03-08-2024
    Business: Resumed. Adv. for applicant present. Heard and order passed on Exh. 1-O- Issue notices to JDs.
    Exh.5/D- Pltff. appln. for  notice be served upon the deft. no 2 on behalf of the deft. no1b-O- Keep for argument.
    Exh.6/D- Pltff. Appln. for RPAD to Deft. no 1B-O- Issue notice to deft. no 1(a) by RPAD as prayed.
    Adj. for alias as per order on Exh.1 and Exh. 6
    Next Purpose: Unserved at 11.00 A.M.
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: Resumed. Applicant absent. Adv. for applicant present. Respdt. absent. Adv. for Respdt. no 2 present.
    Exh. 9/D- S.V. of Respdt. no 2 Adv. Shri. Jeetendra Rajguru and Farah Khan.
    Adj. for appearance of Respdt. No 1a,1b
    Next Purpose: Notice for Hearing at 11.00 A.M.
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: Resumed.  Applicant no.1 and 2 and adv present.  Resp no.2 present.
    Exh-10/D Application for issue warrant of possession.
    O- J.D. no.2 file say.
    Order passed on Exh-1
    J.D. No.1a and 1b despite service of notice did not appear and therefore present execution application shall proceed ex-parte against them.
    Adj for Reply to Exh-10 by J.D. No.2
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: Resumed. Both parties absent. Hld. Adv. for D.H present. Adv. for J.D. present.
    On oral req. of J.D./respdt. Adv.
    Adj. for reply to Exh.10 by J.d. No.2
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Resumed. D.H and Adv. present. J.D.  present. Adv. absent.
     On oral req. of Applicant Adv.
    Adj. for reply to Exh. 10 by J.D. No 2
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: P.O. is on leave. Resumed before I/c Judge C.R. 34. Applicant nos. 1 and 2 present. Adv. absent. J. D. no. 2 and hold. adv. present. By consent
    Adj. for reply to Exh. 10 by J. D. No. 1
    Next Purpose: Notice for Reply at 11.00 A.M.
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: Resumed. Pltff. no 1 and 2 present. Adv. for pltff. present. Deft. No 2 present.
    Order passed on exh.10-O- Other side did not file reply till 12.45 p.m. Hence, no reply against them.
    Adj. for heg. on Exh.10 (Pltff appln. for issuance of warrant of possession)
    Next Purpose: Notice for Hearing at 11.00 A.M.
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Resumed. Applicant and Hld. Adv. present. Respdt. No 2 and Hld. Adv. present.
    Exh.11/D- S.V. of Respdt. No 2 Adv. A.N. Nasikwala
    Exh.12/D- Adj. appln. filed by Respdt. no 2- O- Appln. rejected.
    Adj. for heg. on Exh.10 (Pltff. appln. for issue warrant of Possession)
    Next Purpose: Notice for Hearing at 11.00 A.M.
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: Resumed. Applicant absent. Adv. for applicant present. Respdt. No 2 and Hld. Adv. for respdt. no 2 present.
    Exh.13/D- Respdt. No 2 appln. for set aside no reply order-.
    Exh.14/D- Reply to Exh.13 by applicant.
    heard both side and order passed on Exh. 13-O-  appln. allowed subject to cost of Rs. 500/- to be given to the decree holders.
    Cost complied in Exh.10 by Respdt. no 2.
    Exh. 15/D- Reply to Exh.10 by Respdt. no 2.
    Heard both side on Exh.10.
    Adj. for passing order on Exh.10 (Pltff. appln. for issue warrant of possession)
    Next Purpose: NoticeAppln. For Judgment at 2.45 p.m.
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: Resumed. Pltff./D.H present. Adv. for pltff/D.H absent. Respdt. No 2 present. Adv. for Respdt. absent.
    Exh. 16/D- Pursis filed by Respdt.No. 2 for stay appln. is allowed by Honble Court Room No. 31. -O- O.s. to say.
    Hand written say given by pltff. on Exh.16. O- seen and filed.
    Order passed on Exh.10-O- Respdt./J.D. No 2 is directed to submit the certified copy of stay order passed in Appeal proceedings on next date without fail.
    Adj. for filing certified copy of stay order by Respdt./J.D. No.2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: Resumed,
    Plff absent adv present. Deft no.2 present.
    Adj for hrg and order.
    Next Purpose: Notice for Hearing at 2.45 P.M.
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: As per Office order No. 15 of 2025 resumed before Smt. R.R. Kale Judge C.R. 36.
    Applicant absent adv present. Respdt no.2 present.
    Exh-17/D Undertaking of deft no.2 for handing over possession. O- Heard. Undertaking of deft no.2 is accepted in the interest of Justice.
    Adj for filing pursis by both side and order.
    Next Purpose: Notice for Hearing at 2.45 P.M.
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: As per Office Order No. 15 of 2025 dtd. 16.01.2025 resumed before Smt. R. R. Kale, Judge C.R. No. 36.
    Plff and hld adv present. Deft no.2 present.
    Adj for filing pursis by both side and order.
    Next Purpose: Notice for Hearing at 2.45 P.M.
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: As per Office Order No. 15 of 2025 dtd. 16.01.2025 resumed before Smt. R. R. Kale, Judge C.R. No. 36.
    Plff no.1 and 2 and adv for plff present. Deft present.
    Exh-18/B Pursis filed by adv for plffs O- Pursis stand read and recorded.
    Order passed below Exh-1 O- Decree has been fully satisfied in view of pursis vide Exh.18, this Execution Proceedings stands disposed of in full satisfaction.  No order as to costs.  Proceeding stands closed.
    Nature Of Disposal: Other Wise
    Disposal Date: 15-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 686/2024
    Filing Date: 01-08-2024
    eFiling Number: AMH20230017755C202400012
    eFiling Date: 31-07-2024
    First Hearing Date: 03rd August 2024
    Decision Date: 15th March 2025
    Court Number And Judge: 35-Judge C.R.No. 35

    Orders

    1
    Final Order 1Full order available
    15 Mar 2025

    Order Details: Order on Exhibit Pdf Text: 1 IN THE COURT OF SMALL CAUSES AT MUMBAI ( BANDRA BRANCH) ORDER BELOW EXHIBIT- 1 IN EXECUTION APPLICATION NO. 61 OF 2024 IN R. A. E. SUIT NO. 77 / 181 OF 2008 (CNR-MHSCA-30006742024) 1. Dallas D’Silva & Anr., ...Plaintiffs/ Decree-holders. Versus 1. Smt. Prema Ramsanehi Nirmal (since deceased), 1(a). Ms. Geeta Ramsanehi Nirmal & Ors. ...Defendants/ Judgment debtors. Appearance:- Ms. Eventa A. Gonsalves, ....Ld. Advocate for plaintiffs/D.Hs. Mr. A. N. Nasikwala,…

    Read Full Order

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