Interim Order 1

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
EXECUTION APPLICATION NO. 21 OF 2023
IN
R. A. E. SUIT NO. 547 OF 2019
CNR NO. MHSCA30001672023
Babu Govind Kokare (Since deleted)
Aged about 65 years, adult of Mumbai
Hindu, Indian Inhabitant, residing at
Room No.1, Sai Ganesh Sankul,
Ramchandra Nagar, Poolpada Road,
Virar (E), Dist : Thane 401305.
Gitesh Haresh Dawankar
Aged about 43 years, adult, Hindu,
Indian Inhabitant, residing at
1104, Saraswati Coop. Hsg. Soc. Ltd.
Chikuwadi, Opp Jogger's Park,
Borivali (West), Mumbai 400 092 ...Plaintiff
Versus
Mr. Baba Khureshi,
Adult, Indian Inhabitant, residing
at Room No.8, Vishnu Niwas,
Plot No.664, R.M. Bhattad Road,
Haridas Nagar, Valpada,
Borivali (W), Mumbai – 400 092 ...Defendant
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S. A. Abhyankar, Advocate for Plaintiff.
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Coram : R. R. Khan
Judge
Court Room No.33
Date : 25th April 2023
ORDER
. This is an application filed by the plaintiff for execution of
judgment and decree dated 04.08.2022. I have perused application
and heard learned Advocate for decreeholder. It is submitted that
neither any appeal has been filed nor any stay has been ordered.
Noticeably, the execution application made within two years of
passing of judgment and decree therefore, as per provision of Order
21, Rule 22 of Civil Procedure Code, 1908, there is no need for
issuance of notice. Hence, to advance the benefits of litigation and its
outcome to the plaintiff, I am satisfied to pass following order.
ORDER
1 Issue possession warrant for vacant and
peaceful possession of the suit premises as
prayed by the plaintiff.
2 Mr. W. S. Shaikh, Bailiff is directed to act
as per law for above execution.
3 Returnable on 12.06.2023.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 25.04.2023 Judge, C. R. No.33
Order dictated on : 25.04.2023
Order checked & signed on : 25.04.2023
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