Full Order Text
Order 1 · 25 Jul 2023 · CNR MHSCA30004152023
Order Details: Order on Exhibit Pdf Text: 1 Execution-45-2023-Exh-8-warrant of poss.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 8 IN EXECUTION APPLICATION NO.45 OF 2023 IN R.A.E. SUIT NO.19 OF 2013 (CNR : MHSCA3-000415-2023) D. Jagdish Chhotelal Sharma … Plaintiff V/s Mr. Anand Kumar Rajendra Dubey (since deceased) Mrs. Pinky A. Dubey and anr. ... Defendants Advocate for the plaintiff : Mr. A. N. Rodrigues. Coram : D. P. Kasat, Judge, C.R.No.37 (B.B.), Date : 25.07.2023 ORAL ORDER : This is an execution petition arising out of decree in RAE Suit No.19 of 2013 dated 13.11.2014. As the execution petition is filed within a period of two years from the date of decree and as despite service of notice, the judgment debtor has remained absent and in view of the report of the Index Clerk dated 19.06.2023 and 25.07.2023, there is no stay order, it would be just and proper to proceed with the execution of decree. 2. Perused the record. Heard learned advocate for plaintiff / decree holder. In the decree, the defendant / judgment /home/steno37/D. P. Kasat - Judge/ORDER/July 2023/Execution-45-2023-Exh-8-warrant of poss.odt -- 1 of 2 -- 2 Execution-45-2023-Exh-8-warrant of poss.odt debtor is directed to restore possession of the plaintiff / decree holder. More so, while staying the execution of decree, the Hon’ble Appellate Bench directed the judgment debtor to deposit interim compensation as per order dated 10.11.2022. However, the interim compensation as directed is not deposited by the judgment debtor. In such circumstances, in view of the order dated 10.11.2022, the stay to the execution of decree is vacated automatically. Accordingly, it would be just and proper to issue warrant of possession in view of the provisions of Order 21 Rule 35 of CPC 1908. Bailiff Mr. L. T. Pawar is hereby appointed for execution of warrant of possession. Bailiff to comply the provisions of Order 21 Rule 35(3) of CPC 1908 strictly. (D. P. Kasat) Judge, C.R.No.37 (B.B.) 25.07.2023 Dictated on : 25.07.2023 Checked & signed on : 25.07.2023 /home/steno37/D. P. Kasat - Judge/ORDER/July 2023/Execution-45-2023-Exh-8-warrant of poss.odt -- 2 of 2 --