Date: 25-01-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
As court is busy in dictating judgment in old suit No.3696/08 Matter is adjd. to. 07.02.2019 for hearing on Ch/sum No.60/19
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
ORDER ON CH/SUM NO.60/19
The instant Ch/sum is taken out by the DH/applicant of E.A. to direct the in-charge of Chembur Police Station to remove the deft. in person claiming through the defts. and causing obstructions in the execution of the decree and if necessary to put them to Civil Prison to enable the Bailiff to handover the vacant and peaceful possession of suit property to the DH/applicant by breaking open a law if any. The earlier report of bailiff in respect of the possession warrant issued by this Court under decree appears to be to the effect that when the bailiff went to execute the possession warrant pursuant to the decree under execution, the defts. informed the bailiff that their relatives namely Smt. Sujata Dodake, Pankaj Kamble also resided there and the said relatives refused to vacate the premises and thus they obstructed the execution of the possession warrant. Bailiff report is also to the effect that the defts. gave undertaking that they will vacate the suit premises after 15 days in presence of police officials and therefore the bailiff has a requested to issue Writ Under 21 Rule 35 of CPC and also to give directions for removing the third part if any, by taking help of police. In such circumstances it appears that the obstruction to the execution of the decree has been noticed by the bailiff and therefore plff. will have to take appropriate steps by making necessary application to the court for removal of the said obstruction. In these circumstances, the Ch/sum No.60/19 is dismissed with liberty to the plff. to take appropriate steps for removal of the obstructions by making necessary application to the court.
Matter is adjd. to. 27.02.2019 for steps by plff/DH
Nature Of Disposal: DISMISSED
Disposal Date: 07-02-2019