Final Order 1

Order Details: Chamber summons
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Dt. 18122019
E.A. 105/01
(SU 6460/92)
CORAM : H.H.J SHRI.C. V. MARATHE (C.R.NO.8)
None for D.H..
Applicant is present.
None for J.D.No. 1.
Adv. Mrs. D.D. Patil for J.D. No. 2/MCGM present.
KB LO
Order on C/S No. 385/19
Perused C/S, reply filed thereto and heard both sides. By this
C/S the applicant has claimed that his structure admeasuring
110 sq.ft. at survey no. 24 was attached in execution of
warrant of attachment dated 01102001 without there being
any order of attachment thereof and he has prayed to raise the
said warrant of attachment and to restore possession thereof to
him. After going through the history of this case, the court
receiver took possession of the above structure from the
applicant on 22092017 after contempt petition was filed
against his father before Hon'ble Bombay High Court.
Moreover, the decree in LC Suit no. 6460/1992 is very clear
and not only JD No. 1 but also his family members were
directed to remove their articles form the suit premises shown
in red colour in the sketch annexed to the plaint therein.
Therefore, the subsequent changes in the said room can not be
given any importance. For the reasons stated above C/S is
devoid of merits and it is rejected.
Earlier order, if any, to continue till next date.
Adjd to 20012020 for N/M service and reply .
Judge
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