Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 12
IN
EXECUTION APPLICATION NO. 83 of 2025
(CNR No. :- MHSCA3-000627-2025)
IN
(2a) APPEAL NO. 18 of 2015
IN
R.A.E. SUIT NO. 231 OF 1999
1. Mr. Ajit Kumar Gupta, ... Decree Holder/
Plaintiff.
Versus
Mrs. Sushilaben Dineshchand Panchal, ... Judgment Debtor/
Defendant.
Appearance:-
Mr. L. K. Singh …. Ld. Advocate for the Decree Holder.
Coram : R. R. Kale,
Judge, C. R. No. 36.
Date : 03/02/2026.
ORDER:-
Perused the application. Heard the Ld. Advocate on
behalf of the decree holder at length.
2. I have gone through the order passed on application vide
Exh. 10 dated 16/12/2025. It appears that, the warrant of possession
was issued as per the said order and the Bailiff was under direction to
execute the same. The Bailiff of the Court has filed report dated
09/01/2026 contending therein that, the warrant could not be
executed as the suit premises found locked.
3. Present application is taken out by the decree holder for
issuance of warrant of possession of the suit premises against the
judgment debtor with direction to the Bailiff to break open the lock
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/03-02-2026/EXH-12 Exe. Application 83 of 2025 - re-issue possesion warrant break open.odt KCP
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2 EXH-12 Execution Application No. 83 of 2025
of the suit premises, if found locked, in view of order passed on
application vide Exh. 10 dated 16/12/2025 and the above Bailiff
report. After hearing the decree holder at length and considering the
above report of Bailiff, present application needs to be allowed.
Hence, I proceed to pass the following order:-
: ORDER :
1. Application vide Exh. 12 stands allowed.
2. Warrant of possession under Order XXI Rule 35 of the
Code of Civil Procedure, 1908 be re-issued against the
defendant/judgment debtor in view of order passed on
application vide Exh. 10 dated 16/12/2025.
3. Mr. P. S. Aldar, the Bailiff of this Court is authorized to
remove or break open the lock, if the suit premises found
locked.
4. Concerned Bailiff is further directed to prepare the
Panchnama and inventory of articles if found and articles
if any given in the custody of decree holder tentatively till
further order and compliance the report till next fixed
date.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 03/02/2026. Judge, C. R. No. 36.
Order dictated on computer : 03/02/2026.
Order checked & signed on : 03/02/2026.
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/03-02-2026/EXH-12 Exe. Application 83 of 2025 - re-issue possesion warrant break open.odt KCP
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