Order 2

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 7
IN
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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Mr. S. A. Abhyankar, Advocate for Plaintiff.
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Coram : R. R. Khan
Judge
Court Room No.33
Date : 06th May 2023
ORDER
. As a sequel of order dated 25.04.2023, the Bailiff Mr. W. S.
Shaikh who has been assigned for execution of possession warrant
has reported that suit premises is locked. Consequentially, the
plaintiff has filed present application for breaking open of the lock
along with necessary police protection. I have heard Ms. Shilpa
Tripathi instructed by S. A. Abhyankar, learned Advocate for plaintiff
at length.
2. In purview of decree passed in favour of plaintiff and as per
report of Bailiff, the request of plaintiff for breaking open of lock and
police protection appears to be just and proper for the satisfaction of
the execution of decree. Hence, I am satisfied to pass following order.
ORDER
1 The application at Exh.7 is allowed.
2 Along with possession warrant, the request
of plaintiff for breaking open of lock is
approved.
3 Mr. W. S. Shaikh, Bailiff is directed to act
as per law for above execution of breaking
open of lock. He is further directed to keep
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all the articles found in suit premises in
own possession by preparing a proper
panchnama and list of articles.
4 The Senior Inspector of Borivali Police
Station (West) is directed to provide
necessary police protection for execution of
possession warrant after accepting the
requisite fee from plaintiff.
5 Returnable on 12.06.2023.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 06.05.2023 Judge, C. R. No.33
Order dictated on : 06.05.2023
Order checked & signed on : 06.05.2023
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