Interim Order 1

Order Details: Order below exhibit
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
ORDER PASSED BELOW EXHIBIT-1
IN
EXECUTION APPLICATION NO. 147 OF 2021
IN
L.C. SUIT NO. 1505 OF 2009.
Rakesh Kavishanlal Agrawal. ]..Plaintiff/Decree Holder.
V/s.
The Municipal Corporation of ]
Greater Mumbai and Others. ]..Defendants/Judgment Debtor.
CORAM : HIS HONOUR JUDGE
MR. VAIBHAV V. PATIL
(C.R.NO.09)
DATE : 20TH JULY 2023
ORDER
The Decree Holder has filed Execution Application against
Judgment Debtors and respondent Jeevraj Vakatawarmal and sought
execution of decree against the respondent in terms of prayer clauses
mentioned in Column No.J of Execution Application.
2. The respondent Jeevraj Vakatawarmal has tendered Notice
of Motion No.2118 of 2022 raising objections to the Execution
Application and for discharging him as party from execution
proceeding. Whereas the Decree Holder prayed for issuing order of
attachment under Order-XXI Rule 54 of the C.P.C. in terms of prayer
clause (c) of the Execution Application.
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3. The common arguments on behalf of both the parties were
heard at length in the present Execution Application and in Notice of
Motion No.2118 of 2022. By way of detailed Order in Notice of Motion
No.2118 of 2022, all the objections of the respondent for execution of
decree have been rejected. Therefore, in view of Order in Notice of
Motion No.2118 of 2022, the plaintiff/Decree Holder is allowed to
execute the decree against the respondent Jeevraj Vakatawarmal.
Hence, Issue warrant of attachment against the properties of respondent
Jeevraj Vakatawarmal in terms of prayer clause (c) as per the Order XXI
Rule 54 of the C.P.C.
(VAIBHAV V. PATIL)
Judge,
City Civil Court,
Date: 20.07.2023 Gr. Bombay.
Dictated on : 20.07.2023
Transcribed on : 20.07.2023
Signed on : 20.07.2023
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/07/2023 At 11.00 a.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. VAIBHAV V. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
20.07.2023
Judgment/Order signed by P.O. on 20.07.2023
Judgment/Order uploaded on 24.07.2023
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