Interim Order 2

Order Details: Order below exhibit
Pdf Text: :1: Further OBE 1 in EA 89/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
FURTHER ORDER BELOW EXHIBIT 1
IN
EXECUTION APPLICATION NO. 89 OF 2019
CNR NO. : MHCC01-003194-2019
Nestor Rodricks (Deleted)
1(a) Jeanetta Stella Rodricks & Ors. ...Plaintifs
Versus
Theresa rodricks & Ors. ...Defendants
Appearance:
Mr. Clive D’souza, Advocate for Plaintifss DD.
Mr. D’mello, Advocate for Defendant Nos. 1,2 & 5.
Ms. Jaitali Mathuria, Advocate for Defendant No. 4.
CORAM : SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 07/02/2020.
ORAL ORDER
1. The defendant no. 4 appeared and fled
Vakalatnama. She has also fled pursis stating that she is
ready to accept the possession of the suit premises
mentioned in the order dated 16.04.2018 passed by the
Don’ble Court jointly with the plaintifs.
2. Service of notice under Order XXI Rule 22 of Code
of Civil Procedure is fled. It shows that the defendant no. 3
is duly served. Defendant no. 3 did not fle the appearance.
3. The defendant nos. 1, 2 and 5 have fled statement
that they are ready to give possession of the suit premises
to the bailif from the ofce of Sherif of Mumbai on receipt
of said possession from the bailif.
-- 1 of 3 --
:2: Further OBE 1 in EA 89/2019
4. Advocate for defendant nos. 1, 2 and 5 argued that
there is apprehension to the defendants that they will be in
trouble in case they directly give the possession to the
plaintif and defendant nos. 3 & 4, as they have not
responded the notice issued by these defendants to take
possession.
5 The defendant nos.1, 2 and 5 are ready to give
possession to the plaintif and the defendant nos. 3 and 4.
The plaintif and defendant no. 4 appeared before the Court.
The defendant no. 3, even after service of notice of
execution did not appear. The apprehension of defendant
nos. 1, 2 and 5 is well founded as one of the party is not
appearing. Therefore, issue possession warrant under Order
XXI Rule 35 of Code of Civil Procedure, 1908 to be executed
through Sherif ofce. The bailif to take possession from
defendant nos. 1, 2 and 5 and hand over the same to the
plaintif, defendant nos. 3 and 4 as per decree passed in
Suit No. 6298 of 2004 dated 16.04.2018.
(Smt. S.S. Nagur)
Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 07s02s2020
Transcribed on : 10s02s2020
Sign on : 10/02/2020
-- 2 of 3 --
:3: Further OBE 1 in EA 89/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF TDE ORIGINAL
SIGNED JUDGEMENTsORDER”
UPLOAD DATE TIME NAME OF STENOGRAPDER
13s02s2020 4.00 p.m. Prachi Y. Potdar (D.G.)
Name of the Judge DDJ Smt. S.S. Nagur
(C.R.NO. 13)
Date of Pronouncement of Judgments
Order.
07s02s2020
Judgmentsorder signed by P.O on 10s02s2020
Judgmentsorder uploaded on 13s02s2020
-- 3 of 3 --