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Exe Appln

S. A. DevelopersVsM/s K. H. K. Hospitality Services +2 more

CNR MHSCA3000884202332-Judge C.R.No. 32
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200098/2023
Registration Date
07 Oct 2023
Next Hearing Date
07 Nov 2026
Case Stage
Execution Appln. for Orders Hearing at 11.00 a.m

Advocates

3

Parties

4

Acts & Sections

2
CODE OF CIVIL PROCEDURE · Sec Order 21 CPC
PRESIDENCY SMALL CAUSE COURTS ACT · Sec 41

Case History / Proceedings

Case History
Date: 09-10-2023
Business: Resumed
Adv for plff and plff present.
Order passed below Ex.1 - issue notice to defdts.
Adjd for alias as per Ex.1.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Court not sitting. P.O on leave.
Resumed before In Charge C.R No.33.
Pltff present. Deft and Advt present.
Adjd. for alias as per Exh-1.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Resumed
Both parties and Both side Adv present.
Exh. 6/D - Adv Sachin R. Gelye and miss Siddhi Chavan filed S.V. for defdts.
Adjd for Reply to Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Resumed
Adv for plff and plff present. H/Adv for Respdt present. On oral request of respdt H/Adv.
Adjd for Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Resumed
Both side Adv  present. Plff present.
Adjd for Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Resumed
Applicant and Adv present. H/Adv for defdt. present.  On Oral request of resdpdt Adv,
Adjd for Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Resumed
Both parties and both side Adv present.
On oral request of defdt Adv,
Adjd for Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Court not setting P.O in leave. Resumed before I/C Judge C.R no.33
Pltff and Adv present. Deft Adv present.
Adjd for Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Resumed
Plff and Adv for plff present. H/Adv for Respdt and Rep. of Respdt. present. On oral request of Respdt that Adv is not well.
Adjd for  Reply in Exec.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Resumed
Both parties and both side Adv present.
On oral request of Respdt. Adv
Adjd for Reply in Exec.Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Resumed.
Partner of Plff and H/Adv present. Deft and Adv present.
Adj for reply in Exec. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Resumed
Both parties absent. Both side Adv present.
Adj for reply for Exe Appln
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: P.O. is on leave.  Resumed before I/c Judge C.R. No. 33.
Partner of Pltf present and Adv absent. Deft absent and Adv present.
Adj for reply to Exe appln .
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Court not setting. P.O on leave. Resumed before I/c C.R. No. 33.
Both parties present Adv absent.
Adj for reply to Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Resumed
Partner of Pltf  and H/Adv present. Partner of Deft present.
Adj for reply to Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Resumed.
Pltf absent and Adv present. Partner of Deft and Adv present.
Exh. 7/D- SV of Adv Falguni Brahmbhatt for Deft.
O- filed.
Exh. 8/D- Appln for Adj filed by Deft.  O- Application Adjourned strictly as a last chance.
Adj for reply to Exe. Appln as a last chance.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Resumed.
Partner of Pltf and Adv present. Partner of Deft and H/Adv present.
Exh. 9/D- Adj Appln filed by Ad for Deft. O- Adjourned as a last chance.
Adj for reply to Exe. Appln as a last chance.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Resumed.
Both parties absent. Both side H/Adv present.
Exh. 10/D- Adj. Appln filed by Deft Adv.
O- O. S. to say. HW say given by other side.
O- Adjourned as a last chance. SC Rs. 300/-.
Adj for compliance as per Exh. 10(Cost)/Reply to Exe. Appln. as a last chance.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 09-11-2024

Date: 09-11-2024
Business: P. O. is on leave. Resumed before I/C Judge, Court no. 33.
Partner of Pltf and H/Adv present. Partner of Deft and H/Adv present.
Cost complied as per Exh. 10.
Adj for reply to Exe. Appln. as a last chance.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Resumed.
Partner of Pltf and H/Adv present. Deft and Adv absent.
HW order passed on Exe. Appln. O- Despite sufficient opportunity, Judgment Debtor has not filed reply. Hence, matter to proceed without reply.
Adj for Hrg in Exe. Appln without reply.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Resumed.
Both parties absent. Adv for Pltf and H/Adv for Deft present.
Exh. 11/D- Appln for Set aside order dated 25/11/2024. O- O. S. to say.
HW say given by other side.
Heard both side. HW Order passed on Exh. 11.
O- Application stands rejected.
Adj for Hrg in Exe. Appln (WR)
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: P. O. is on leave, Resumed before I/c Judge, Court Room No. 33.
Pltf and H/Adv present. Deft and Adv absent.
Adj for Hrg in Exe. Appln(WR)
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Resumed.
Pltf absent and Adv present. Partner of Deft and Adv present.
Exh. 12/D- Deft. Appln for Setting aside order dated 25/11/2024. O- O. S. to say.
HW say given by other side. Heard.
Order passed below Exh. 12. O- Application is allowed, SC Rs. 500/-(See detailed order)
Adj for Compliance as per Exh. 12(Cost) by Deft/ Hrg in Exe. (WR)
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Resumed.
Both parties absent. Adv for Pltf present. H/Adv for Deft present.
Cost complied as per Exh. 12.
Exh. 13/B- Reply of Defts in Exe. Appln. O- R and R.
Adj for Hrg in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: Resumed. Both the parties absent. Both side Adv. present. Heard exe. appln. by  applicant Adv. Partly heard by respdt. Adv.
Adj. for filing statement  and further argument by  respdt.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: Resumed.
Both parties absent. Adv for Pltf present. H/Adv for Deft present.
Exh. 14/D- Statement filed by Adv for Pltf. O- Seen.
Adj for filing Statement and further argument by Respdt.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: Resumed.
Pltf and Adv present. Deft absent and H/Adv present.
Exh. 15/B- Addl Reply of Deft with Statement. O- R and R.
Exh. 16/B- Rejoinder filed by Pltf. O- R and R.
Adj for further argument by Respdt. in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: Resumed.
Pltf and Adv present. Deft absent and H/Adv present.
Adj for further argument by Repsdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: P. O. is on Half day Leave- Morning Session, Resumed before I/c Judge, Court Room No. 33.
Both parties partners present. Adv for Pltf absent. H/Adv for Deft present.
Adj for further argument by Repsdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: Resumed.
Partner of Pltf and Adv present. Deft absent and H/Adv present.
Adj for further argument by Respdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: Resumed.
Prop of Pltf and Adv present. Deft absent and H/Adv present.
Exh. 17/D- Adj. Appln filed by Adv for Deft. O- Adjourned as a last chance, SC Rs. 100/-. C.O.A.
Adj for Compliance as per Exh. 17(Cost) by Deft/ further argument by Respdt. in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: Resumed.
Partner of Pltf and Adv present. Deft and Adv absent.
Adj for Compliance as per Exh. 17(Cost) by Deft/ further argument by Respdt. in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: Resumed.
Partner of Pltf and Adv present. Deft absent and H/Adv present.
Cost complied as per Exh. 17.
Adj for further argument by Respdt. in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Resumed.
Both parties and Both side Adv present. B.C.
Adj for further Argument by Respdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: Resumed.
Both parties and H/Adv for Pltf present. Adv for Deft absent.
Adj for further argument by Respdt in Exe. Appln.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Resumed.
Partner of Pltf and H/Adv present. Respdt. and Adv absent.
Adj for further Argument by Respdt in Exe. Appln.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: Resumed.
Partner of Pltf and Adv present. Respdt. and Adv absent.
Adj for further Argument by Respdt in Exe. Appln.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: Resumed.
Both parties and Both side Adv present.
Exh. 18/D- SV of Adv Pawan C. Makhija for Respdt no. 1 and 2. O- filed.
Adj for further argument by Respd in Exe. Appln.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Resumed.
Both parties present. H/Adv for Pltf and Adv for Deft present. B. c.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: P.O. is on leave, Resumed before I/c Judge, Court Room No. 33.
plantiff  present, adv. absent. Deft. no.3 and adv for deft present.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: Resumed.
Partner of Applicant and Adv present. Respdt absent and Adv present.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Resumed.
Partner of Applicant and H/Adv present. Respdt and Adv present.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: Resumed.
Partner of Applicant and H/Adv present. Respdt absent and Adv present.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: Resumed.
 Partner of Applicant and Adv present. Respdt and  Adv present.
Adj for further Arg by respdt in Exe Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 21-11-2025

Date: 21-11-2025
Business: Resumed.
Plaintiff absent, advocate present. Representative of the defendant present, advocate absent hence matter adjourned for hearing / order,
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: Resumed.
Applicant absent and Adv present. Rep. of Respdt and H/Adv present.
Adj for further argument by Respdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 06-12-2025

Date: 06-12-2025
Business: Resumed.
Partner of Applicant  and Adv present. Partner of Respdt and H/Adv present. B.C.
Adj for further argument by Respdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 23-12-2025

Date: 23-12-2025
Business: Resumed.
Partner of Applicant present and Adv absent. Respdt No. 2,3  and Adv present. B.C.
Adj for further argument by Respdt in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: Resumed.
Partner of Applicant present and H/Adv present. Respdt absent and Adv present. B.C.
Adj for Re-Hrg. in Exe. Appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: Resumed.
Both parties absent. Both H/Adv. present.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: P.O. is on Half day leave in morning session. Resumed before I/C Judge, Court Room No. 33.
Pltf absent and Partner of Deft present. H/Adv. for Pltf present and Adv for Deft absent.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Resumed.
Pltf absent and Partner of Deft present. H/Adv. for Pltf present and Adv for Deft absent.
 Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 16-06-2026

Date: 16-06-2026
Business: P.O. is on leave. Resumed before I/c Judge Court Room No. 33.
Pltf  and Deft absent. H/Adv. for Pltf present and Adv for Deft absent.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: Resumed.
Pltf and Adv absent.  Partner of Deft and Adv for Deft present.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: Resumed.
Partner of Pltf and H/Adv present.  Deft no.2 and Adv for Deft present. B.C.
 Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: P.O. is on leave Resumed before I/c Judge, court room no.33.
Pltf and Adv. present. Deft and Adv present.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Resumed.
Pltf and H/Adv. present. Deft No. 2,3 and Adv present. B.C.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 09-10-2026

Date: 09-10-2026
Business: Resumed.
 Pltf and H/Adv. present. Deft absent and Adv present. B.C.
Adj. for Re-Hrg. in Exe. appln.
Next Purpose: Execution Appln. for Orders Hearing at 11.00 a.m
Next Hearing Date: 07-11-2026

Additional Case Details

Additional Case Details
Filing Number: 201868/2023
Filing Date: 03-10-2023
eFiling Number: AMH20230022442C202300019
eFiling Date: 14-09-2023
First Hearing Date: 09th October 2023
Court Number And Judge: 32-Judge C.R.No. 32

Orders

2
Interim Order 1
04 Jan 2025
Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 12
IN
EXECUTION APPLICATION NO.98 OF 2023
IN
L.E. & C. SUIT NO.49 OF 2021
(CNR : MHSCA3-000884-2023)
S. A. Developers … Applicant
(Original plaintiff)
V/s
M/s. K.H.K. Hospitality Services and ors. ... Respondents
(Original defendants)
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 04.01.2025
ORAL ORDER :
Read application and say filed thereon. Heard both sides.
Perused record. No doubt, on previous date, the application filed by
defendant for setting aside no say order was rejected. However, by
considering the interest of justice, the principle that procedure is
hand maid of justice and so as to have adjudication of the matter on
merits, the no say order passed against defendant is hereby set aside
subject to costs of Rs.500/-.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
04.01.2025
Dictated on : 04.01.2025
Checked & signed on : 04.01.2025
/home/steno32/DPK/Order/Jan-25/Execution-98-2023-Exh-12-set aside no say.odt
-- 1 of 1 --
Order 1
04 Jan 2025
Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 12
IN
EXECUTION APPLICATION NO.98 OF 2023
IN
L.E. & C. SUIT NO.49 OF 2021
(CNR : MHSCA3-000884-2023)
S. A. Developers … Applicant
(Original plaintiff)
V/s
M/s. K.H.K. Hospitality Services and ors. ... Respondents
(Original defendants)
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 04.01.2025
ORAL ORDER :
Read application and say filed thereon. Heard both sides.
Perused record. No doubt, on previous date, the application filed by
defendant for setting aside no say order was rejected. However, by
considering the interest of justice, the principle that procedure is
hand maid of justice and so as to have adjudication of the matter on
merits, the no say order passed against defendant is hereby set aside
subject to costs of Rs.500/-.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
04.01.2025
Dictated on : 04.01.2025
Checked & signed on : 04.01.2025
/home/steno32/DPK/Order/Jan-25/Execution-98-2023-Exh-12-set aside no say.odt
-- 1 of 1 --

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