This petition assailed an order issuing a warrant of possession, alleging lack of notice as required by CPC. The court held notice was served as petitioners were out of court for Second Appeal, dismissed the writ as sans merits.
Writ petition dismissed. No costs.
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W.P.No.2110/13
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.2110 OF 2013
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.S.R.Kolhare, advocate for the petitioners.
CORAM : S.V.GANGAPURWALA,J.
Date : 14.03.2013.
PER COURT :
the Court to issue notice in execution proceedings, more particularly, if the same is after two years. The learned counsel further submits that the petitioners could not put forth their defence in absence of any notice. The Court in a mechanical manner has issued the warrant of possession. The earlier report of the Bailiff is also false and the same is given by the Bailiff in collusion with the
2
W.P.No.2110/13
decree holder.
(S.V.GANGAPURWALA,J.)
Dt.14.03.2013. asp/office/wp2110.13
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W.P.No.2110/13
1 issue framed by the court
Whether dismissal of writ petition challenging warrant of possession due to alleged lack of mandatory notice is sustainable.
1 provisions across 1 enactments
Petitioners
Decree holder
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court