Mr. Mohammad Aejazul Karim v. Mr. Sarfuddin Tajkuddin Shaikh

cra-1068-14-(2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.1068 OF 2014 Mohammad Aejazul Karim ..Applicant Vs.

Safruddin Tajkuddin Shaikh ..Respondent Mr. Amey Deshpande i/b Mr. J. D. Khairnar for the Applicant Ms Jui Nerurkar for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

23rd NOVEMBER, 2015 P.C.

The Learned Counsel Mr. Deshpande holding for Mr. Khairnar states that inspite of attempts being made to contact the Applicant, there is no response from him. There is a decree of eviction passed against the Applicant which is the subject mater of challenge in the above Civil Revision Application. The Learned Counsel appearing on behalf of the Respondent Ms Nerurkar states that pursuant to the execution proceedings filed by the Respondent a possession warrant came to be issued on 14-9-2015 which has been executed and an inventory of the articles found in the premises in question has been made and the value of the articles fixed. The Baliff has filed a report on 6-10-2015 that the possession warrant has been executed. It is therefore the case of the Learned Counsel for the Respondent that possession has already been handed over and thereby the decree has been executed. mmj

cra-1068-14-(2) It is probably in view thereof that the Applicant does not seem to be responding inspite of attempts being made by the Learned Counsel for the Applicant. Since the Learned Counsel Mr. Deshpande is bereft of any instructions to proceed with the matter, the Civil Revision Application is dismissed on the said ground.

[R.M.SAVANT, J] mmj