Order 1

Order Details: Order below exhibit
Pdf Text: Appln. (Exh.L) in Exe.Appln.No. 544/16 1 Order.
in S.C.Suit No. 3221/83.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
APPLICATION (EXHIBIT L)
IN
EXECUTION APPLICATION NO. 544 OF 2016
IN
SHORT CAUSE SUIT NO. 3221 OF 1983
Sundri Babani & Ors ...Judgment Creditor/Org.Plaintiff
Versus
Gurudayal Bishandas Arora ...Judgment Debtor/Org.Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 29th JULY, 2022.
Miss Dimple Bitra, Advocate for the Judgment Creditor / Org. Plaintiff.
None for Judgment Debtor / Org. Defendants.
ORDER BELOW EXHIBIT L.
1. Decree holder has filed application (Exh.L) for police
assistance for execution of the Possession Warrant through Sheriff of
the Court. It is also prayed to demolish temporary structure on the suit
premises. Heard learned counsel Dimple Bitra for the Judgment
Creditor / Original Plaintiff.
2. On perusal of Bailiff report on Possession Warrant dated
06/04/2021 (Exh.J), it appears that one Mr. Mani was present on the
suit premises and there were six small temporary shed and one big
shed. Mr. Mani refused to hand over the possession. Other occupants
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Appln. (Exh.L) in Exe.Appln.No. 544/16 2 Order.
in S.C.Suit No. 3221/83.
were absent from the suit site. Considering resistance to execution of
Possession Warrant, application (Exh.L) is liable to be allowed. Hence,
I pass the following order :
ORDER
1. Application (Exh.L) is made absolute in terms of prayer
clauses (a) to (d).
2. Reissue Writ of Possession Warrant under Order XXI Rule
35(2) of the CPC.
3. OfficerInCharge of the local police station within whose
jurisdiction the suit property is situated, is directed to
provide police assistance to the Sheriff/Bailiff of the Court
for execution of Writ of Possession Warrant under Order
XXI Rule 35(2) of the CPC upon depositing of necessary
legal charges by the decree holder.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 29/07/2022. Mumbai.
1. Dictated online on : 29/07/2022.
2. Signed on : 29/07/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Appln. (Exh.L) in Exe.Appln.No. 544/16 3 Order.
in S.C.Suit No. 3221/83.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/07/2022. 3.04 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 29/07/2022.
Judgment/Order signed by P.O. on 29/07/2022.
Judgment/Order uploaded on 30/07/2022.
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