Final Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT- 1
IN
EXECUTION APPLICATION NO. 61 OF 2024
IN
R. A. E. SUIT NO. 77 / 181 OF 2008
(CNR-MHSCA-30006742024)
1. Dallas D’Silva & Anr., ...Plaintiffs/
Decree-holders.
Versus
1. Smt. Prema Ramsanehi Nirmal (since deceased),
1(a). Ms. Geeta Ramsanehi Nirmal & Ors. ...Defendants/
Judgment debtors.
Appearance:-
Ms. Eventa A. Gonsalves, ....Ld. Advocate for plaintiffs/D.Hs.
Mr. A. N. Nasikwala, ...Ld. Advocate for defendant No.2/J.D. No.2.
Petition is proceeded ex-parte against defendant/ J.D. Nos. 1(a)
and 1(b).
Coram: R. R. Kale,
Incharge, Judge,
C. R. No. 35,
Date: 15th March, 2025.
ORAL ORDER :-
Perused the pursis vide Exh. 18 and order passed
thereon. Heard the Ld. Advocate on behalf of the plaintiffs/decree
holders 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 R. A. E. Suit No. 77/ 181 of 2008
dated 20/02/2024. The main suit has been decreed with costs and
the defendant Nos. 1(a), 1(b) and 2 are under direction to deliver
vacant, quiet and peaceful possession of the suit premises i.e. Room
/media/steno36/D9A0-0506/EXH-1 Exe. Application - 61- 2024- fully satisfied.odt
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admeasuring about 120 sq. fts., in the property belonging to the
plaintiffs bearing House No. 30A and situate at 30A, Sherley Rajan
Road, Bandra (West), Mumbai- 400 050, to the plaintiffs within a
period of 60 days from the date of order.
3. The Decree holders have filed pursis vide Exh. 18
contending therein that, the Judgment debtors/ defendants have
handed over the possession of the suit premises to them on
27/02/2025 and removed all their articles, things from the suit
premises in compliance of the undertaking dated 14/02/2025. They
further submitted by way of pursis vide Exh. 18 that, as decree has
been fully satisfied and therefore, Execution proceedings be disposed
of. The Judgment debtor No. 2 is present before this Court and has
orally submitted in open Court that, the Judgment debtors have
handed over the possession of the suit premises to the decree-holders
and removed all their articles, things from the said premises. Hence,
as the decree has been fully satisfied in view of pursis vide Exh. 18,
this Execution Proceedings stands disposed of in full satisfaction. No
order as to costs. Proceedings stands closed.
(R. R. Kale)
Date : 15/03/2025. Incharge Judge,
C.R. No. 35 (B.B.)
Order dictated on computer : 15/03/2025
Order checked & signed on : 15/03/2025.
/media/steno36/D9A0-0506/EXH-1 Exe. Application - 61- 2024- fully satisfied.odt
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