Full Order Text
Order 2 · 01 Jul 2023 · CNR MHSCA30005062023
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 /home/steno37/D. P. Kasat - Judge/ORDER/July 2023/Execution-49-2023-Exh-6-break open-police aid.odt ask -- 1 of 2 -- 2 Execution-49-2023-Exh-6-break open-police aid.odt 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 /home/steno37/D. P. Kasat - Judge/ORDER/July 2023/Execution-49-2023-Exh-6-break open-police aid.odt ask -- 2 of 2 --