Order 2

Order Details: Order on Exhibit
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[ CNR No.:- MHSCA3-000013-2024]
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 1
IN
EXECUTION APPLICATION NO. 09 OF 2024
IN
R.A.E. & R. Suit No. 80/205 of 2003
Mrs. Matilda D’Silva (since deceased)
1(a). Dallas D’Silva & Ors. … Applicants/DH
(Orig. plaintiffs)
Versus
1. Mr. Mithailal Ramkaran Tiwari (since deceased)
1(a) Mr. Radheshyam M. Tiwari (since deceased)
1a)(i) Mrs. Jadavati w/o Radhesham Tiwari & Ors. … Respondents/JD
(Orig. defendants)
Mr. M. R. Irani, Ld. Advocate for Applicants (original plaintiffs).
Mr. A. K. Upadhyay, Ld. Advocate for defendant No.4.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 11th November, 2025.
ORDER ::
This is an application for issuance of warrant of possession
in respect of suit premises well mentioned in Judgment and decree
passed in R.A.E. & R. Suit No. 80/205 of 2003.
2. The defendant No.4 has filed an application Exh.10 for stay
on execution of decree. The said application is rejected by an order
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dated 11/11/2025. The defendant no.4 also failed to file reply and
argue on the main execution application.
3. Heard Ld. Advocate for plaintiff/DH.
4. On perusal of record and proceeding it appears that present
application is filed by plaintiff/decree holder for issuance of warrant of
possession. As per endorsement made by concerned clerk of Court of
Small Causes that there is no stay till today upto 12.10 p.m. against
Execution of decree passed in R.A.E. & R. Suit No.80/205 of 2003. This
court also has not received any order from Hon’ble Appellate Court
regarding stay of execution proceeding. Therefore, considering the
Judgment and order dated 31/07/2023 passed in R.A.E. & R. Suit
No.80/205 of 2003 and the fact that defendants/JD failed to handover
possession of the suit premises to the plaintiffs within 3 months from
the date of order, there is no stay application for execution of said
Judgment and order dated 31/07/2023. Therefore, it is necessary to
issue warrant of possession for recovery of suit premises and for
execution of decree dated 31/07/2023. Accordingly, I proceed to pass
following order :-
: ORDER :
1. Issue warrant of possession in respect
of suit premises for execution of decree
passed in R.A.E. & R. Suit No. 80/205
of 2003 on P.F.
2. Mr. D. A. Yadav, Bailiff is directed to
execute warrant of possession in
respect of suit premises as per decree
passed in R.A.E. & R. Suit No. 80/205
of 2003.
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3. The Bailiff is directed to submit his
report on or before next date i.e.
02/12/2025.
( J. D. Hushangabade )
Date: 11/11/2025. Judge, C.R. No. 40
Order dictated & Typed on : 11/11/2025.
Order checked & signed on : 11/11/2025.
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