Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 8
IN
EXECUTION APPLICATION NO. 10 of 2025
(CNR No. :- MHSCA3-000042-2025)
IN
R.A.E. SUIT NO. 185 OF 2017
Smt. Rajni Ramakant Saharkar
(deleted since deceased)
1a) Mr. Rajesh Ramakant Saharkar and Ors. ... Plaintiffs.
Versus
1. Mr. Dharamchand Chaturbhuj Sevak An Anr. ... Defendants.
Appearance:-
Mr. S. A. Abhyankar …. Ld. Advocate for the Plaintiffs/Decree
Holders.
Coram : R. R. Kale,
Judge, C. R. No. 36.
Date : 20/06/2025.
ORDER:-
Perused the application. Heard the Ld. Advocate on
behalf of the plaintiffs/decree holders at length.
2. Perused the record and roznama from which it is seen
that, present Execution proceedings is filed for execution of
Judgment and order passed in R. A. E. Suit No. 185 of 2017 dated
07/03/2024. The notices were issued to the defendants/judgment
debtors and despite service of notice, they did not appear either in
person or through Counsel. The main suit has been decreed with
costs and defendants/judgment debtors are under direction to vacate
/home/steno36/8. R. R. Kale/2025/Orders/6. June, 2025/20-06-2025/EXH-8 Exe. Application 10 of 2025 - possesion warrant.odt KCP
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2 EXH-8 Execution Application No. 10 of 2025
and handover vacant and peaceful possession of the suit premises to
the plaintiffs/decree holders. It also appears that, the original
judgment debtor No. 1 had filed Appeal No. 20 of 2024 against above
decree which came to be dismissed with costs vide judgment and
order dated 04/10/2024. It also appears that, judgment debtor No. 1
had filed Civil Revision Application No. 626 of 2024 against decree
passed by the Hon’ble Appellate Bench dated 04/10/2024, which
came to be dismissed with no order as to costs by Hon’ble High Court
vide order dated 20/02/2025.
3. It seems that, the decree holders have prayed for
issuance of warrant of possession of the suit premises against the
judgment debtors. In view of above all orders/Judgments, present
application needs to be allowed. Thus, I proceed to pass the following
order:-
: ORDER :
1. Application vide Exh. 8 stands allowed.
2. Warrant of possession under Order XXI Rule 35 of the
Code of Civil Procedure, 1908 be issued against the
defendants/judgment debtors.
3. The Court Bailiff Mr. D. A. Yadav, is directed to execute
the warrant by giving possession of the suit premises viz.
Room No. 2 situated at CTS No. 2183 in the Parvatibai
Chawl situated at Thakurpakhadi, Eksar Road, Borivali
(W), Mumbai 400 092, to the plaintiff/decree holder as
per the Judgment and decree passed in R. A. E. Suit No.
185 of 2017 dated 07/03/2024 and to file compliance
report as per this order till next date.
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3 EXH-8 Execution Application No. 10 of 2025
4. Stay of Hon’ble Higher Court be verified before the
execution of warrant.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 20/06/2025. Judge, C. R. No.36.
Order dictated on computer : 20/06/2025
Order checked & signed on : 20/06/2025
/home/steno36/8. R. R. Kale/2025/Orders/6. June, 2025/20-06-2025/EXH-8 Exe. Application 10 of 2025 - possesion warrant.odt KCP
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