Single-judge Writ Court order permitting petitioner to remove articles/belongings from suit premises as agreed by parties without auction.
Petitioner directed to remove articles/belongings from suit premises, assisted by Bailiff.
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905 - WP 15463 OF 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHANVINOD Digitally signed byKANCHAN VINOD MAYEKARDate: 2024.01.19 12:31:06 MAYEKAR +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15463 OF 2023
Daryoush Shapur Khavarian & Ors.
….. Petitioners
VERSUS
Vishal Jayendra Jhaveri & Anr.
….. Respondents
Mr.Jaydeep Deo for the Petitioners.
Mr.Rushikesh S. Kekane for the Respondents.
CORAM: RAJESH S. PATIL, J.
DATE : 19 JANUARY, 2024
P.C. :-
Both the learned counsel agree and submit that this writ
petition can be disposed of with a direction that the
Articles/belongings of the petitioner lying in the suit premises i.e.
Flat No. 3, 1st Floor, Ronak Ratnashree, 260, Annie Besant Road,
Worli, Mumbai – 400 030 as per the inventory of the Bailiff of the
Small Causes Court be allowed to be removed and taken away by
the petitioner.
2. All the rights and contentions of the parties are kept open.
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3. The petitioner and the respondents are permitted to remain
present when the petitioner takes over all the Articles/belongings
from the suit premises.
4. The petitioner has submitted that tomorrow i.e. on 20
January, 2024 at 11.00 a.m., the petitioner will remain present at
the suit premises to take away Articles/belongings.
5. The Bailiff of the Small Causes Court should also remain
present when the petitioner takes over the Articles/belongings.
6. All the parties will co-operate while this exercise is done.
7. Needless to say that since the parties have agreed that the
petitioner be allowed to take away the Articles/belongings from
the suit premises, there will be no question of auction of such
Articles/belongings.
8. Writ petition is accordingly disposed of.
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9. The parties to act on the authenticated copy of this order.
[RAJESH S. PATIL, J.]
Daryoush Shapur Khavarian & Ors.
Vishal Jayendra Jhaveri & Anr.
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court