Interim Order 2

Order Details: Order on Exhibit
Pdf Text: 1 Execution-88-2023-Exh-10-police aid-break open.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 10
IN
EXECUTION APPLICATION NO.88 OF 2023
IN
L.E. SUIT NO.80 OF 2019
(CNR : MHSCA3-000646-2023)
Mr. Hitesh Ratanshi Dharod and anr. … Plaintiffs
V/s
M/s. Hollywood Bollywood Dresswala ... Defendant
Advocate for plaintiffs : M/s. Lex Conseiller.
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 03.01.2024
ORAL ORDER :
Read the application. The judgment debtor / defendant
and its advocate absent and failed to file say.
2. According to decree holder / plaintiffs, bailiff of this
court went to the suit premises but the possession warrant could not
be executed as the judgment debtor was present in the suit premises
and contended that he has preferred appeal against the order of the
court and refused to hand over vacant and peaceful possession of the
same. Hence, this application for breaking open the lock of the suit
premises and to police aid to execute the decree.
3. Heard. As of today, there is no stay order placed on
record by the judgment debtor. More so, in present execution
application, this court has issued warrant of possession on
13.12.2023 and it has been returned by the concerned bailiff
/home/steno37/D. P. Kasat - Judge/ORDER/Jan-2024/Execution-88-2023-Exh-10-police aid-break open.odt
-- 1 of 2 --
2 Execution-88-2023-Exh-10-police aid-break open.odt
unexecuted for the reasons stated in the application. However, it is
necessary to execute the decree. Hence, following order :
ORDER
1. Application is allowed.
2. Issue notice to the judgment debtor / defendant by
way of pasting at suit premises prior to three days,
requiring him to unlock the suit premises on fixed
date. If at that time the suit premises is found locked,
bailiff Mr. S. D. Shinde is hereby directed to break
open the lock of the suit premises and execute the
decree as per law and deliver possession of the suit
premises to decree holder / plaintiffs.
3. After breaking open lock of the suit premises, if any
inventory is found in the suit premises, the bailiff shall
make panchanama of inventory and articles and to
enlist the same with all details and keep the same in
safe custody of decree holder / plaintiffs till further
order.
4. 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 / plaintiffs.
5. Returnable on 24.01.2024.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
03.01.2024
Dictated on : 03.01.2024
Checked & signed on : 03.01.2024
/home/steno37/D. P. Kasat - Judge/ORDER/Jan-2024/Execution-88-2023-Exh-10-police aid-break open.odt
-- 2 of 2 --