Interim Order 2

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000280-2026)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.7
IN
EXECUTION APPLICATION NO.32 OF 2026
IN
R.A.E. SUIT NO. 573 OF 2015
Mr. Avdhesh Kumar Vishwakarma … Plaintiff/
Decree-holder
Versus
Mr. Rambaran Yadav … Defendant/
Judgment-debtor
Shri. Dinesh R. Pandey, Ld. Advocate for the plaintiff/decree-holder.
Coram : Smt. V. M. Dewar, Judge.
C.R.No.34 (BB).
Date : 25.08.2026.
ORAL ORDER :-
1. This application is filed by the plaintiff/decree-holder for
granting permission to make service of notice of present Execution
Application on the defendant/judgment-debtor through substitute
service.
2. Perused the application and bailiff report. Heard Ld.
Advocate for the plaintiff/decree-holder.
3. It is mentioned in bailiff report that when he went to
serve the copy of notice on the defendant/judgment-debtor at the
/home/steno34/CR-34 HHJ VMD/2026/August/Exh-7 in Exe Appl No.32-26 substitute service of pasting and RPAD.odt R.A.Datta
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given address, but the defendant/judgment-debtor was not found on
that address as he does not reside at the given address.
4. It is stated in the application that the plaintiff/decree-
holder had filed the suit against the defendant/judgment-debtor and
said suit is decreed on 04.12.2025. The plaintiff/decree-holder has
filed Execution Application for taking possession of the suit premises.
This Court has issued notice of the Execution Application for service
upon the defendant/judgment-debtor. The bailiff of this Court has
gone to serve the notice of Execution Application on 25.04.2026, but
as per bailiff report shows that the defendant/judgment-debtor was
not found because he is not residing at the given address. Therefore,
the plaintiff/decree-holder prayed to allow the application.
5. Considering the bailiff report and application, it appears
that there is reason to believe that after using all due and reasonable
diligence, notice could not be served to the defendant/judgment-
debtor and there is no likelihood of his count at the residence within
the reasonable time. According to the plaintiff/decree-holder, this is
the last known address of the defendant/judgment-debtor. Thus, it is
just and proper to serve the defendant/judgment-debtor through
substitute service i.e. pasting and by registered Post A.D. as prayed.
Hence, I proceed to pass the following order:-
: ORDER :
The plaintiff/decree-holder to make service of
notice on the defendant/judgment-debtor by
affixing a copy on outer door of the house in
/home/steno34/CR-34 HHJ VMD/2026/August/Exh-7 in Exe Appl No.32-26 substitute service of pasting and RPAD.odt R.A.Datta
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which the defendant/judgment-debtor is known
to have resided lastly or carried out business or
personally worked for gain and in some
conspicuous place in the Court house and by
registered Post A.D. as per Order V Rule 20 of
the Code of Civil Procedure on P.F.
(V. M. Dewar)
Date : 25.08.2026 Judge, C.R.No.34(BB).
Order Dictated & Typed on : 25.08.2026
Order Checked & Signed on : 25.08.2026
/home/steno34/CR-34 HHJ VMD/2026/August/Exh-7 in Exe Appl No.32-26 substitute service of pasting and RPAD.odt R.A.Datta
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