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1999 Supreme(Bom) 398

R.K.BATTA
Suresh D. Naik and another – Appellant
Versus
Manguesh R. Wagle and another – Respondent


JUDGMENT - R.K. BATTA, J.:---The petitioners (defendants in the suit) have come in revision against Order dated 31st July 1998 of Civil Judge, Senior Division, Panaji, whereby the petitioners have been directed to deposit the keys of the suit premises in the Court on or before 4th August 1998 after removing the materials including boxes from inside the suit premises. The Order further states that in case of failure of the defendants to remove the material including boxes from the suit premises on 4th August 1998, the bailiff of the Court shall remove the same on 11th August 1998 at 10.00 a.m. and after making inventory hand over the same to the defendants, who shall remain on site on 11th August 1998, failing which, the custody of the said materials shall be given to the plaintiff, who shall not be held liable for damages, if any, caused or which would be caused to the materials including the boxes.

2. In order to appreciate the rival contentions it is necessary to look into the background in which the impugned order has been passed. The suit premises is a garage for keeping car and in respect of this suit premises there was litigation between the father of the respondent No. 1 (pl














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