Mohammed Iqbal vs Shabbir Shaikh Khanali And Anr
2022 Latest Caselaw 10987 Bom

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                                                             (26) IA 18254.2022.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO.18254 OF 2022
                                  IN
                    WRIT PETITION NO.6603 OF 2022

Mr. Mohammed Iqbal                           .. Applicant / Petitioner
     Versus
Shabbir Shaikh Khanali and anr.              ..Respondents

Mr. M. M. Nasiri i/b. Halwasia and Co. for the Applicant / Petitioner.


                               CORAM : NITIN W. SAMBRE, J.

                               DATED :      18th OCTOBER, 2022
P.C.:

1. In the eviction proceedings, warrant of possession was issued

by the executing Court on 18th July, 2022 in Execution Application

No.256 of 2016

2. The order of eviction passed by the Small Causes Court at

Bombay was confirmed by the Appellate Bench is the subject matter

of challenge in the present Writ Petition. There is reference to the

maintainability of the Writ Petition as both orders impugned have

attained the finality qua statute i.e. the Maharashtra Rent Control

Act, 1996.

3. Be that as it may, keeping the issue of maintainability open,

this Court is inclined to issue notice to the respondents-decree

holder. It is brought to my notice that during the pendency of the

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(26) IA 18254.2022.doc

present Petition, without adhering to the proceedings under Order

XXI Rule 22 of the Code of Civil Procedure that is without effecting

notice on the applicant - judgment debtor on the Darkhast

Proceedings, the possession warrant is executed partially.

4. Issue notice to the respondents returnable on 5th December,

2022.

5. Ad-interim relief granted by this Court on 19 th September, 2022

shall continue till then, subject to above i.e. partial execution of

decree.

6. The counsel for the applicant shall satisfy on the issue of

execution of possession warrant under Order XXI Rule 22 and the

injuries suffered by the petitioner for want of notice as provided

under the provisions of Order XXI Rule 22 (Bombay Amendment) to

Code of Civil Procedure.

                                              (NITIN W. SAMBRE, J.)




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