Interim Order 3

Order Details: Order on Exhibit
Pdf Text: 1 Execution12022Exh15police aid.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 15
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. S. Kadam,
Judge, C.R.No.37 (B.B.),
Date : 13.01.2023
ORAL ORDER :
This is an application filed by the plaintiff for reissuance
of warrant of possession with police protection.
2. According to plaintiff, on 20.12.2022 warrant of
possession was issued with police protection. But concerned police
station not provided police aid without permission of Commissioner
of Police. Hence, this application.
3. I have perused record and proceeding of present suit
which shows that my learned predecessor has passed order below
Exh.1 in respect of issuance of warrant of possession with police
protection dated 20.12.2022. In the present application, it is
contention of the plaintiff that concerned police station not provided
police aid without permission of Commissioner of Police. I have
perused bailiff report dated 09.01.2023. As per bailiff report, he has
/home/steno37/S. S. Kadam-Judge/ORDERS/Jan-2023/Execution-1-2022-Exh-15-police aid.odt ask
-- 1 of 2 --
2 Execution12022Exh15police aid.odt
not executed decree because concerned police station not provided
police protection. I have called report from Cash Department in
respect of stay. As on today, there is no any stay to the present
proceeding. Hence, it is necessary to execute decree. So, I proceed to
pass following order :
ORDER
1. Application Exh.15 is allowed.
2. Issue fresh warrant of possession.
3. Bailiff of this court Mr. W. S. Shaikh is
hereby appointed to execute the decree.
4. The concerned police station is hereby
directed to provide one gent constable and
one lady constable for execution of decree.
5. Plaintiff is hereby directed to pay necessary
charges in respect of police protection in
concerned police station.
(S. S. Kadam)
Judge, C.R.No.37 (B.B.)
13.01.2023
Dictated on : 13.01.2023
Checked & signed on : 13.01.2023
/home/steno37/S. S. Kadam-Judge/ORDERS/Jan-2023/Execution-1-2022-Exh-15-police aid.odt ask
-- 2 of 2 --