Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 10
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 : 16/12/2025.
ORDER:-
Perused the application. Heard the Ld. Advocate on
behalf of the plaintiff/decree holder at length.
2. Perused the record and roznama from which it is seen
that, present Execution proceedings is filed for execution of
Judgment and order passed in (2a) Appeal No. 18 of 2015 in R.A.E.
Suit No. 231 of 1999 dated 28/09/2021. The notice was issued to the
defendant/judgment debtor and despite service of notice by pasting,
she did not appear either in person or through Counsel. The above
appeal has been allowed with costs and defendant/judgment debtor
is under direction to deliver the vacate possession of the suit premises
to the plaintiff/decree holder.
/home/steno36/8. R. R. Kale/2025/Orders/12. December, 2025/16-12-2025/EXH-10 Exe. Application 83 of 2025 - possession warrant.odt KCP
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2 EXH-10 Execution Application No. 83 of 2025
3. It seems that, the decree holder has prayed for issuance
of warrant of possession of the suit premises against the judgment
debtor and direct the Bailiff to break open the lock of the suit
premises, if found locked. In view of above Judgment and decree
passed in the appeal proceedings, present application needs to be
allowed. Thus, I proceed to pass the following order:-
: ORDER :
1. Application vide Exh. 10 stands allowed.
2. Warrant of possession under Order XXI Rule 35 of the
Code of Civil Procedure, 1908 be issued against the
defendant/judgment debtor.
3. The Court Bailiff Mr. P. D. Ingole, is directed to execute
the warrant by giving possession of the suit premises viz.
Room No. 5, Ground Floor, East Wing, being single room
admeasuring about 10 x 11 ft. situated at Gupta Niwas,
Plot No. 104, Survey No. 60, Aarey Road, Goregaon
(West), Mumbai – 400 062, to the plaintiff/decree holder
as per the Judgment and decree passed in (2a) Appeal
No. 18 of 2015 in R.A.E. Suit No. 231 of 1999 dated
28/09/2021 and to file compliance report as per this
order till next date.
4. Stay of Hon’ble Higher Court be verified before the
execution of warrant.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 16/12/2025. Judge, C. R. No.36.
Order dictated on computer : 16/12/2025
Order checked & signed on : 16/12/2025
/home/steno36/8. R. R. Kale/2025/Orders/12. December, 2025/16-12-2025/EXH-10 Exe. Application 83 of 2025 - possession warrant.odt KCP
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