Subhash Manikrao Chavan Decd Thru ... vs Shri. Shrimant Mahadeo Kadam And ...
2021 Latest Caselaw 16730 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.8358 OF 2021


Subhash Manikrao Chavan (since deceased
through Heirs) Ganesh Subhash Chavan &
Ors.                                                       .. Petitioners
        Versus
Shrimant Mahadeo Kadam & Ors.                              .. Respondents
                                           ...

Ms.Neha R. Parte with Mr.Suresh M. Sabrad for the
Petitioners.

                                           ...

                 CORAM: BHARATI DANGRE, J.

DATED : 02nd DECEMBER, 2021

P.C:-

1. The petitioners/the Judgment Debtors, are aggrieved by the issuance of possession warrant on an application preferred by the Decree Holder vide Exh.54.

2. Before passing the order, the learned Judge has made reference to the report of the Bailiff , who has proceeded on the spot, for execution of the possession warrant. The Bailiff report indicates that the suit property, which is mentioned in the decree, is an open land, but he found a shed with some live stock in it alongwith cow dung and some fertilizers present therein. It is for

M.M.Salgaonkar

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this reason, the Bailiff reports that the possession warrant could not be executed.

3. In the impugned order, the learned Judge has rightly made reference to the procedure for execution of a warrant, which would contemplate removal of any obstruction and to hand over possession of the open land, which is mentioned in the decree. Necessarily by removing the wooden poles, tin shed, animals, fertilizers as well as other ancillary articles which are lying, direction is issued to execute the warrant. This order is passed on 17/02/2021, but it is apparent that on institution of the petition, it is not yet executed. The writ petition deserves a dismissal with a direction to the learned Civil Judge, Junior Division, Koregaon to ensure the compliance of the order passed by him below Exh.54 within a period of four weeks.

[ SMT. BHARATI DANGRE, J ]

M.M.Salgaonkar