1 16.jo.219.10.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE'S ORDER NO.219 OF 2010 IN SUIT NO.2358 OF 1999 Parshuram B.Shinde .. Plaintiff versus Manik Ram Reddy ..Defendant AND Smt.Kalpana G.Bhosle and ors ..Obstructionists --------------------------------------- Trupti Dhurat and Ms.Deepali Bosamia,for the Plaintiff. None for the Defendant. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 6, 2011 P.C. By an order and decree dated 5th May,1999 passed in the above suit, this Court directed the Defendant to hand over to the Plaintiff the vacant possession of the land together with here- ditaments standing thereon situate, lying and being at 75-B Bazar Road,Registration and District of Bandra City Suburban Taluka, South Salesetta Bombay Suburban District and bearing City Survey No.A-372 and ad-measuring 109 Sq.Yds equivalent to 91.91 Sq. Meters or thereabout and assessed by the Bombay Municipal Corporation Under “H” ward (the suit property). 2 16.jo.219.10.sxw 2 On 9th April,2010 the Deputy Sheriff of Mumbai addressed a letter to the Senior Inspector of Police,Bandra Police Station informing him that he has to execute the Warrant of possession under order XXI Rule 35 and 36 of the Code of Civil Procedure, as the Plaintiff apprehends breach of peace at the time of execution of the said Warrant of possession. Accordingly, with the help of Police, the Bailiff from the office of Sheriff of Mumbai tried to execute the warrant of possession. However, Defendant was not present at that time and One Kalpana Ganesh Bhosale was found occupying a hut on the right side corner of the entrance of the Suit Property. The said Kalpana Bhosle refused to hand over possession of the hut and warrant of possession could not be executed. By the present Judge's order the Plaintiff is seeking directions from this court to the Bailiff of the Sheriff of Mumbai to execute warrant of possession and take forcible possession of the Suit property with the help of the Police of the concerned Police Station from whomsoever found in possession of the Suit property alongwith the small hut occupied by Smt. Kalpana G. Bhosle After hearing the Advocate for the Plaintiff I pass the following order. O R D E R The Bailiff of the Office of the Sheriff of Mumbai shall execute warrant of possession and take possession of the entire suit property with the help of Police of the 3 16.jo.219.10.sxw concerned Police Station except the hut which is in the possession of Smt.Kalpana G.Bhosle and hand over the vacant and peaceful possession of the same to the Plaintiff. As far as the hut occupied by the obstructionist Smt.Kalpana is concerned, the Plaintiff has already taken out a Chamber Summons seeking appropriate reliefs which Chamber Summons is pending before this court for hearing and final disposal. The Judge's order is accordingly disposed of. ( S.J.KATHAWALLA, J ) 4 16.jo.219.10.sxw