Deepak Ishwariprasad Agarwal vs M/S. Ajinkya Construction Pvt. ...
2022 Latest Caselaw 12963 Bom

                                                    504.IA.20508.22 in CRAST.23018.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 20508 OF 2022
                                     IN
             CIVIL REVISION APPLICATION (ST.) NO. 23018 OF 2022


Deepak Ishwariprasad Agarwal           ...     Applicant

           Versus

Ajinkya Construction Pvt. Ltd.         ...     Respondent



Mr. Harish Khedkar and Mr. Mitesh Jain i/b Vis Legis Law Practice for the
Applicant.
Ms. Deepa Bhavsar, Law Officer of Respondent present.


                                 CORAM :      R.I. CHAGLA, J.
                                 DATED :     13th DECEMBER, 2022.
ORDER :

1 The matter has been circulated and kept on Production Board

at 2.30 p.m.

2 The Applicant has been served with possession warrant

issued by the Bailiff of the Court of Small Causes, Mumbai. The

possession is being taken of the suit premises tomorrow between 11.30

a.m. and 12.00 noon.

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3 The learned Counsel for the Applicant states that there is

substantial merit in the Civil Revision Application as material documents,

though mentioned in the reply dated 02.05.2005 which reply was

annexed to the written statement, the documents had not been separately

annexed. These documents were sought to be brought on record by way

of application under Order 41 Rule 27 of the Code of Civil Procedure,

1908 before the Appellate Bench. However, in view of the Appellate

Bench not permitting these documents to be produced by way of

application under Order 41 Rule 27 of the Code of Civil Procedure, the

Appeal has been dismissed and from which the Civil Revision Application

has been filed.

4 Considering that the possession warrant has been issued and

possession is being taken of the suit premises tomorrow between 11.30

a.m. and 12.00 noon, the representative of the Ajinkya Construction Pvt.

Ltd., who is present in Court states that possession of the suit premises

will not to be taken till the next date. However, that statement is not

sufficient in view of possession warrant being issued by the Bailiff of the

Court of Small Causes, Mumbai.

5 In view thereof, the possession warrant issued by the Bailiff

of the Court of Small Causes, Mumbai dated 12.12.2022 shall not be

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504.IA.20508.22 in CRAST.23018.22.doc

acted upon till the next date. Further, till the next date no steps shall be

taken towards execution of the impugned judgment and order.

6 The Civil Revision Application shall be placed on 11.01.2023.

Digitally signed by WAISHALI

(R.I. CHAGLA, J.) WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date:

2022.12.13 17:17:29 +0530

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