Order 2

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. 72 of 2021
[ CNR No.:- MHSCA3-000804-2021 ]
IN
R. A. DECL. Suit No.367 of 2014
In the instant matter already argument advanced by both
sides. Today matter kept for order. The Decree Holder claimed warrant
possession of premises on the basis of consent decree in between
plaintiffs and defendant no.1. On perusal record it reveals that plaintiff
no.2 submitted affidavit vide Exh.3 and contended to renew and allow
decree dated 20/12/2018 and possession of permanent premises
handed over to her. She also claimed arrears of transit rent amount and
be allowed to her to deposit 3,26,250/- balance amount in court
payable by her to the defendant no.1 as per consent decree. To this
premise the argument advanced by Ld. Advocate for Decree Holder is
remained silent vide Exh.3, therefore, this court directed to the Decree
holder to clarify about how much amount he paid with cogent evidence
on record as well as details about the amount of arrears of transit rent.
Moreover, the affidavit vide Exh.3 reveals that there is completion
certificate of building of suit premises but it is not on record. Hence,
directed to the Decree Holder to satisfy the query raised by this court.
Hence, order accordingly.
( Nutan S. Saraf )
Date: 07/05/2024. Judge, C.R. No. 40
Order dictated & Typed on : 07/05/2024.
Order checked & signed on : 07/05/2024.
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