Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.4584 OF 2019
IN
SUIT NO.9872 OF 1999
(EXECUTION APPLICATION NO.528 OF 2017)
Shri Dayaram Rambali Vishwakarma ..Plaintiff
(Decree holder)
V/s
1. Mrs.Alhamado Mohammed Solanki
(since deceased)and another ..Defendants
(Judgment debtor)
Adv. Bhatia alongwith adv. Rajabally for decree holder
present
None for judgment debtor
CORAM: HIS HONOUR JUDGE
SHRI M.SALMAN AZMI
DATE: 11/03/2020
ORAL ORDER
1. This notice of motion is taken out by decree holder
interlia praying to direct the bailiff of this Court to
execute the writ of warrant of possession dated
05/06/2018 by breaking open the suit premises and
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remove all persons present and their belongings
threreat with the assistance of police.
2. Heard.
3. Ld. counsel for decree holder submitted that
pursuant to the direction of this Court, the Bailiff of
the Sheriff of Mumbai on 21/07/2018 went to
execute the said warrant for possession against
defendant no.2. Defendant no.2 was not present at
the suit premises but one Mohammed Akram Habib
Shaikh was present in the suit premises. The bailiff
after explaining the contents of the warrant of
possession to Mohammed Akram Habib Shaikh,
requested him to remove himself and his belongings
from the suit premises and hand over the possession
of the suit premises to the decree holder. But the
said Mohammed Akram Habib Shaikh refused to
hand over the possession. The report of Bailiff
suggest that defendant no.2 was not present.
Therefore, the Bailiff could not execute the warrant
of possession upon defendant no.2.
4. Decree holder has taken out notice of motion
no.4875 of 2018 for removing the obstructionist-
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Mohammed Akram Habib Shaikh which is allowed by
this Court.
5. This notice of motion was duly served upon the
defendant no.2 but he failed to appear and filed no
reply. Hence, the present notice of motion needs
consideration. Accordingly, it is expedient to pass
following order:-
ORDER
1. Notice of motion no.4584/2019 is made
absolute in terms of prayer clause (a) to (c).
2. DH to deposit necessary charges with the
concerned authority for the police protection.
2. Notice of motion no.4584 of 2019 is disposed
off accordingly.
11/03/2020 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 11/03/2020
Typed on : 19/09/2020
Signed on : 21/09/2020
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'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
22/09/20 at 02.16 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of judgment/
order
11/03/2020
Judgment and order signed by P.O. 21/09/2020
Judgment/order uploaded on 22/09/2020
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