Interim Order 2

Order Details: Order on Exhibit
Pdf Text: 1 Execution222023Exh6break openpolice aid.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 6
IN
EXECUTION APPLICATION NO.22 OF 2023
IN
R.A.E. SUIT NO.855 OF 2004
(CNR : MHSCA30001652023)
Mr. Satyanarayan Rajaram Dubey … Plaintiff
V/s
M/s. Kashmira Grain Stores and ors. ... Defendants
Advocate for the plaintiff : Mr. D. R. Pandey.
Coram : S. S. Kadam,
Judge, C.R.No.37 (B.B.),
Date : 10.04.2023
ORAL ORDER :
This is an application filed by the plaintiff for to provide
police protection to assist the bailiff of this court to execute warrant of
possession and to break open the lock of the suit premises.
2. According to plaintiff, he had filed RAE Suit No.855 of
2004 and which came to be decreed on 08.08.2022. This court has
issued warrant of possession on 10.03.2023. The bailiff of this court
visited suit premises but he found suit premises locked and he could not
execute the decree. Hence, this application for to provide police
protection to assist the bailiff of this court to execute warrant of
possession and to break open the lock of the suit premises.
3. I have heard learned advocate for the plaintiff and perused
bailiff's report dated 23.03.2023. As per bailiff report, he found suit
premises locked. So, he could not execute the decree.
4. Considering provisions of Order XXI Rule 35 of Civil
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Procedure Code, and para 389 of Civil Manual, it appears that “if when
the building or enclosure of which possession is to be given in
execution, if found locked, a notice should ordinarily be given to any
person bound by the decree who is in possession of such building or
enclosure requiring her to unlock it within a given time, if on the day so
appointed it is still locked, it may be broken open”. Therefore, it is
necessary to issue notice to the defendant for requiring them to unlock
it on given day/time. Considering provisions of Order XXI, Rule 35 of
the Code of Civil Procedure, it is required to give reasonable warning
and facility to any women not appearing in public to the customs of the
country to withdraw, remove or open any lock or bolt or break open any
door or do any other act necessary for putting the decree holder in
possession. Therefore, I hold it will be proper to give notice to the
defendant by pasting at suit premises to keep open lock and if he failed
to unlock, on given fixed date and time it may be break open and the
suit premises be given into possession of the plaintiff. I, therefore, pass
the following order :
ORDER
1. Application Exh.6 is allowed.
2. Issue notice to the defendant by way of pasting
at suit premises requiring him to unlock the
suit premises on fixed date. If at that time the
suit premises are found locked, Bailiff Mr. L. T.
Pawar is directed to break open lock and hand
over possession of the suit premises as per
decree in R.A.E. Suit No.855 of 2004.
3. Samta Nagar Police Station is directed to
provide Police aid i.e. one P.S.I., one male
constable and one female constable at the time
of execution of decree, on payment of
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necessary charges by the Decree Holder /
plaintiff.
4. Returnable on 21.04.2023.
(S. S. Kadam)
Judge, C.R.No.37 (B.B.)
10.04.2023
Dictated on : 10.04.2023
Checked & signed on : 10.04.2023
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