Order 1

Order Details: Order below exhibit
Pdf Text: OBE – F . In Execution Application No. 285 of 2019
in S.C. Suit No. 4705 of 2012 1 Date : 13.02.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
ORDER BELOW EXHIBIT NO. F
IN
EXECUTION APPLICATION NO. 285 OF 2019
S.C.SUIT NO. 4705 OF 2012
(CNR NO.MHCC01 0080122019 )
Vinod Kumar Nagabathula & Anr. .. Decree Holder.
Versus
Smt. Lata Sayanna Elmal & Ors. .. Judgment Debtor.
Appearances :
Adv.Rahul Raut a/w Kirtika Kothari for Decree Holder.
Judgment Debtor in person present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 13.02.2020
ORDER BELOW EXH. F
1. The Decree Holder has filed instant application under Order
21 Rule 35(3) of Code of Civil Procedure, seeking police assistance
for taking possession of suit premises.
2. Heard Advocate for Decree Holder. The Judgment Debtor in
person present. He requested for time. He tendered letter of his
advocate and informed that, he is in process of filing Appeal
challenging the Judgment and Order dated 16.03.2019. In my
view, it is the dielectric tactics to delay the execution proceedings.
Hence, request of Judgment Debtor is rejected.
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OBE – F . In Execution Application No. 285 of 2019
in S.C. Suit No. 4705 of 2012 2 Date : 13.02.2020
3. I have perused the warrant of possession. It appears that on
23.01.2020, the Bailiff could no take possession of the suit
premises, which has been obstructed by the Judgment Debtor.
Hence, in view of Order 21, Rule 35 (3) of Code of Civil
Procedure, decree holder made out the case for granting police
assistance. Hence, in my view, the application needs to be
allowed. Thus, I proceed to pass the following order :
ORDER
1. Application below Exhibit F is hereby allowed in terms of
prayer clause (a) and (b).
2. Application below Exhibit F is disposed off accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 13.02.2020 Gr. Mumbai
Dictated on : 13.02.2020
Typed on : 13.02.2020
Draft Submitted on : 13.02.2020
Checked on : 14.02.2020
Signed on : 14.02.2020
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OBE – F . In Execution Application No. 285 of 2019
in S.C. Suit No. 4705 of 2012 3 Date : 13.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/02/2020 at 12.30 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
13/02/2020
JUDGMENT/ORDER signed by P.O.
on
14/02/2020
JUDGMENT/ORDER uploaded on 15/02/2020
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