1 n386-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice No.386 of 2010 in Execution Application No.109 of 2010 in CCI 312 of 2001 in Award dated 22.11.2007 Chellaram Lokumal Co-op. Hsg. Soc. Ltd. .. Claimants v/s. Dhansingh Birsingh Thakur & Ors. ..Respondents Mr.U.J.Makhija , Mr. Amit Bhave i/b. Amit & Co. for the Claimant. Mrs. Lakshmi Murali for the Respondent/Opponents CORAM : R.Y.GANOO, J. DATED : 1st February, 2011 P.C. : 1. Heard learned Counsels on both sides. Respondents who are judgment debtors have filed affidavit in reply opposing this notice under Order 21 Rule 22 of CPC. Considering the rival submissions it is noticed that the decree passed by the learned Judge of the Co- operative Court has been confirmed in as much as the writ petition filed by the respondent challenging the decree of eviction has been 2 n386-10.sxw dismissed. The court is informed that the respondents have filed a declaratory suit in court of Small Causes seeking declaration that they are tenants. Counsel for the opponent states that there is no stay for the execution of the decree passed by the learned Judge of the Co- operative Court. If this be so, the execution of the decree for eviction has to be taken ahead. 2. After having considered the submissions across the bar, I am inclined to allow the same. Hence the order. ORDER i) Notice is made absolute. Execution to proceed. ii) Office to proceed with the Execution Application No.109 of 2010. [R.Y.GANOO, J.]