Interim Order 2

Order Details: Order on Exhibit
Pdf Text: 1 Execution-49-2023-Exh-6-break open-police aid.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 6
IN
EXECUTION APPLICATION NO.49 OF 2023
IN
R.A.E. SUIT NO.642 OF 2016
(CNR : MHSCA3-00506-2023)
Mr. Avdhesh Kumar Vishwakarma … Plaintiff
V/s
Mr. Ramesh Khichadu Dhakoliya ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 01.07.2023
ORAL ORDER :
This is an application filed by the decree holder /
plaintiff for providing police aid to execute the decree.
2. According to decree holder / plaintiff, the warrant of
possession was issued by this court on 20.06.2023, whereby the
decree holder himself alongwith bailiff of this court went to execute
the warrant of possession at the address of the suit premises. When
they reached at the address of the suit premises, that time suit
premises was found in occupation of one Siraj Mustafa Ahamed. That
time, he refused to vacate the suit premises on the ground that the
judgment debtor had given it to him prior to seven years. Hence, this
application for police aid to execute the decree.
3. I have heard learned advocate for the decree holder. On
perusal of record, it appears that RAE Suit No.642 of 2016 was
decreed by an order dated 24.01.2023. In present execution
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application, this court has issued warrant of possession on
20.06.2023. I have perused bailiff report dated 28.06.2023. As per
bailiff report, one Siraj Mustafa Ahamed denied to hand over the
possession of the suit premises. I have called report from Index
Department. As per report, there is no stay to the present proceeding.
I think, it is necessary to execute the decree. Hence, I proceed to pass
following order :
ORDER
1. Application is allowed.
2. Concerned Police Station is directed to
provide requisite Police aid at the time of
execution of decree, on payment of requisite
charges and bhatta by the decree holder /
plaintiff.
3. Mr. L. T. Pawar is hereby directed to execute
the decree as per law.
4. Issue letter to concerned Police Station
accordingly.
5. Returnable on 17.07.2023.
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
01.07.2023
Dictated on : 01.07.2023
Checked & signed on : 01.07.2023
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