Order 1

Order Details: Other
Pdf Text: Dt: 13.02.2020
EA 24/18 IN
SUM 783/16
...EA 24/18 IN
SUM 783/16
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
DH present. Adv. redekar for DH.
JD 2 and 3 present. Advocate of JD absent.
Vide order as noted in roznama dtd.16.07.2018, the court
had directed issuance of show cause notice to the
defendant as to why the attached property shall not be
sold. Accordingly, letter dtd.02.08.2018 as per Exh.2 was
issued to the Judgment Debtors to show cause. The
Judgment Debtors did not raise any objections to the sale.
However, they had filed NM 2897/19 for setting aside the
the Exparte decree. Same Notice of Motion has been
rejected by this court by order dtd.17.12.2019.
Resultantly, the execution to proceed. No sufficient cause
shown to withdraw the attachment and the sale process.
Hence, the property attached vide the attchment warrant
of immovable and movable and report Exh.3 i.e. the flat
no. A/302 in Vijay Apartment, Building No.2, S.V.Road,
New Oriental bank of commerce, Borivali west Mumbai be
sold and the process of such sale be paid to the Decree
Holder to the extent of satisfaction of the decree. Issue
proclamation of sale under Order 21 Rule 66 of CPC. The
matter be removed from board and be sent to the
registrar.
Judge
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