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2017 Supreme(Bom) 1617

S.B.SHUKRE
Jameer Ahmed Nazir Ahmed – Appellant
Versus
Rizwanul Haq Mobinul Haq – Respondent


Advocates Appeared:
For the Petitioner: B.N. Mohta, Counsel.
For the Respondents: S.N. Mohta, Counsel.

JUDGMENT :

1. Heard Shri B.N. Mohata, learned counsel for the petitioner and Shri S.N. Mohta learned counsel for the for respondent Nos.1 to 4. Perused the memo of writ petition and the documents filed along with it.

2. The petitioner is one of the legal heirs of deceased judgment debtor No.1 and the respondent Nos.1 to 4 are the original decree holders. Respondent No.5 is one of the representatives of the legal heirs of judgment debtor No.1 and the respondent No.6 is original judgment debtor No.2.

3. In the present case, there is a decree passed by the Civil Court on 11.09.2003 in Reg. Civil Suit No.107/2002, thereby decreeing the suit filed for eviction of the judgment debtors from the suit property. By this Judgment, the judgment debtors have been directed to vacate the suit property and deliver its vacant possession to the decree holders.

4. It appears that there was no compliance with the direction given in the judgment and therefore, the decree holders filed execution proceedings in the year 2005. Along with the application for execution of decree, copy of decree was also filed. However, the decree, though prepared by the trial court, was not signed by the presiding judge of the




















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