IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C J. JUDGE’S ORDER NO. 195 OF 2009 IN SUIT NO. 3572 OF 2001 M/s Rachna Builders ...Plaintiffs Vs. Miss. Daisy Soli Batliboi ...Defendants. ....... Mr. H. Toor withy R.M. Vanoo, for the Plaintiffs. None for the Defendant. ....... CORAM: DR.D.Y. CHANDRACHUD, J. 2nd July, 2009 P.C. The learned Advocate for the decree holder states that service has been effected on the Defendant and undertakes to file an affidavit of service within one week from today. The statement is accepted. In pursuance of decree that has been passed by this Court on 25th March, 2008, an Order was passed in terms of a Judge’s Order on 6th April, 2009 permitting the Sheriff to execute the Warrant of Possession under Order XX!, Rules 35 and 36 of the Code of Civil Procedure by taking forcible possession of the suit property. The Court has been informed by the learned Advocate for the decree holder that the possession was taken on 4th May 2009 and a report has been submitted by the bailiff. However, it appears that the movable : 2 : articles of the Defendant are lying in the premises. Hence, the Judge’s order is taken out for a direction that a notice be issued to the Defendant to remove all movable articles and belongings (more particularly mentioned in the inventory report dated 4th May, 2009 made by the Bailiff of the Sheriff) within a period of 30 days, and in default, for directions to the Sheriff to sell the movables articles by public auction and to deposit the sale proceeds by public auction in this Court. It is necessary, to grant the relief that has been sought in execution of the decree for possession. In the circumstances, there shall be order in terms of the Judge’s Order separately signed. On the request of the learned advocate for the Plaintiffs, it is clarified that the Plaintiffs would be at liberty to shift the articles, which are lying in the premises and store them at their own expenses, until the Sheriff takes necessary steps in accordance with the Judge’s Order. However, the Plaintiffs shall submit an undertaking to the Sheriff for safe custody and furnish an Indemnity. ****