Final Order 1

Order Details: Other
Pdf Text: 23.04.2019
EA 49/17 @
NM 1333/19
in SU
9466/89
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Priti Gada for D.H. present.
Adv. Deepali Vyas for J.D. present.
Application for production of documents filed by defendant/J.D. t.o.r.
Production is allowed.
Order below NM No.1333/19.
Read notice of motion, reply of Plaintiff/Decree holder.
Notice of motion is taken out by Judgment Debtor for return of
articles in custody of Decree holder as per inventory filed on
05.01.2019.
Decree holder in their reply shown readiness to hand over articles to
the Judgment debtor provided they take the articles as per list.
It is pertinent to note that as per order dtd.18.09.2018 passed in NM
No.1156/18 by my Ld.Predecessor, Bailiff was permitted to execute
warrant of possession by breaking open the lock of suit premises and
Bailiff was further directed to make inventory of the articles lying in
the suit premises and to hand over custody of those articles to Decree
holder who shall retained by filing an undertaking to return the same
as and when order is passed to that effect.
Defendant has claimed that they have kept their articles/goods in suit
premises. They have also given a list of articles which were lying in
the suit premises. That list tallies with the inventory prepared by the
Bailiff at the time of delivering possession of the suit premises to the
Plaintiff. Keeping in view that as per affidavit of Director or
defendant, those articles belonged to them. So, I think it just to direct
Plaintiff to return those articles as per inventory to the defendant.
Hence pass following order.
ORDER
1. Notice of motion no.1333/19 is allowed and made absolute in
terms of prayer clause (a) with direction to the defendant to collect
those articles and carry with them at their expenses within period of
two weeks and Plaintiff to take acknowledgment in that respect.
2. On receipt of articles, the defendant have to file pursis to that
effect.
3. Accordingly, NM is disposed off.
Order below Exh.1 in Execution Application No.49/17.
Execution is fully satisfied therefore, it is disposed off.
However, liberty is granted to defendant to move precipe for filing
pursis as per order passed in NM No.1333/19.
Judge
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