Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100060/2019
Indubai W- o Ramchandra Kakade Vs Ranjana Vilas Kakade And ors
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
COURT 4 ADDL SESSIONS JUDGE
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