:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.352 OF 2006 IN CASE NO. 20 OF 2004 Mrs.Santosh S. Velkar ...Applicant Versus Mrs.Bhavnar R. Manvani ....Defendants ====== Mr.Pankaj Sutar i/by. M/s.Khaitan and Jaykar, Adv. for the plaintiffs. None for the Defendants CORAM: S.C.DHARMADHIKARI, J. DATED: 9TH APRIL, 2008. P.C. P.C. P.C. : : : 1. In this Execution Application, an Affidavit has been filed by the decree Holder and it is stated on oath that the Respondent was directed to hand over vacant and peaceful possession of the suit premises and pay the sums specified in para-2 of the Affidavit towards license fees and damages. :2: :2: :2: 2. The Competent Authorities’ order was challenged before the Revisional Authority and the possession of the suit premises has been handed over to the Applicant. However, the Decreetal amount of Rs.1,62,000/- is towards damages. Now, that claim is sought to be recovered and all that has been seized and attached are some movables which are found in the suit premises. The Respondent has not come forward to claim the movables and the same are attached by the Bailiff in execution. The Applicant has filed an Affidavit stating that the sum, if any, recovered from the sale of the movables would be appropriated towards the claim of damages as decreed and the balance, if any, would be relinquished by him. Similarly, if the goods are disposed off at a negligible value as well, the Applicant does not desire to proceed with the execution. The statements in para-7 and 8 of the Affidavit are confirmed by the Learned Advocate appearing for the Decree Holder. If the goods also have no value then the Applicant desires to donate the same and give up the entire claim for damages. :3: :3: :3: 3. In such circumstances and in the light of the Affidavit dated 25.3.2008, it is directed that the Bailiff should proceed and dispose off the attached goods/movables in accordance with the statements made in the Affidavit of the Decree Holder/Applicant. All steps to be taken in that behalf within a period of 6 weeks from today. The execution proceedings commenced by Execution Application No. 352 of 2006 in Case No. 20 of 2004 stands disposed off in the above terms. . All concerned to act on authenticated copy of this order. sd/- *******