Interim Order 2

Order Details: Order on Exhibit
Pdf Text: Execution12022Exh1warrant of poss.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 1
IN
EXECUTION APPLICATION NO.1 OF 2022
IN
L.E. & C. SUIT NO.94 OF 2017
(CNR : MHSCA30000082022)
Mr. Ramchandra Dnyandev Galugude … Decree Holder/
Plaintiff
V/s
Miss Jyoti Nivruit Gaikward ... Judgment Debtor /
Defendant
Coram : S. D. Chavan,
Judge, C.R.No.37 (B.B.),
Date : 20.12.2022
ORAL ORDER :
The present execution proceeding is put forth for
execution of judgment and decree passed in LE&C Suit No.94 of
2017. After passing decree, notice was issued to the judgment debtor.
But, after bailiff report, it is seen that the suit premises found locked.
So, it was directed to decree holder to make service by RPAD as well
as paper publication. Both steps are completed. But, judgment debtor
is not appeared before the court. From the bailiff report, it is seen
that the suit premises is found locked. Learned advocate for the
decree holder submitted that there is no stay order from higher court.
I have gone through the judgment of Hon'ble Apex Court in case of
Rahul S. Shah v/s. Jinendra kumar Gandhi and ors. reported in
2021(4) ALL MR (N.O.C.) 15. There are directions of Hon'ble Apex
Court that decree should be executed within six months from date of
decree. As suit premises is found locked, so it is necessary to issue
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Execution12022Exh1warrant of poss.odt
warrant of possession under Order 21 Rule 35(3) of CPC 1908. So,
issue warrant of possession under Order 21 Rule 35(3) of CPC 1908.
Bailiff Mr. W. S. Shaikh is hereby appointed to execute the decree. He
should follow the entire procedure under Order 21 Rule 35(3) of
CPC 1908. He is directed to break open the lock and give the
possession of the suit premises to decree holder. He is directed to
make inventory and panchanama of the articles lying in the suit
premises and those shall be given in the custody of decree holder till
further order. If any documents are found in the suit premises, then
those documents be deposited in the court. Decree holder is directed
to pay bailiff bhatta. At the request of learned advocate for the decree
holder, concerned police station officer is hereby directed to give one
gent and lady constable for execution of decree. Decree holder is
directed to deposit police bhatta directly to the concerned police
station. Returnable on 13.01.2023.
(S. D. Chavan)
Judge, C.R.No.37 (B.B.)
20.12.2022
Dictated on : 20.12.2022
Checked & signed on : 20.12.2022
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