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FA/3092/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3092 of 2010
With
CIVIL
APPLICATION No. 12065 of 2010
In
FIRST APPEAL No. 3092 of 2010
=========================================================
KASHMIRA
RASHTRATEJ DAVE - Appellant(s)
Versus
PAULOMI
MAYANKKUMAR SHELAT - Respondent(s)
=========================================================
Appearance
:
MR
MAYUR RAJGURU for
Appellant(s) : 1,
MR YF MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 21/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
Appeal is preferred against the order passed by the Family Court
No.4, Ahmedabad on 23rd August 2010 below Exh.28 in
Execution Application No.35/2005.
The
said Exh.28 is an application preferred by the present appellant
raising objections in the execution on the ground that the house
which is sought to be sealed belongs to the appellant and the
judgment-debtor has no interest in the said landed property. The
judgment-debtor happens to be the brother of the appellant, the
objector.
During
the course of hearing, it transpires that the execution was in
respect of movable properties lying in the house of the objector i.e.
the present appellant. But, because of the house was found to be
locked, it was sealed.
A
consensus is arrived at between the appellant and the respondent that
the appellant has no objection if the belongings of the
judgment-debtor lying in the premises are taken away pursuant to the
order of the Court and the respondent does not insist upon continuing
the seal on the property if the execution is permitted by permitting
the respondent to take away the belongings of the judgment-debtor,
the husband of the respondent and the brother of the appellant.
Since
the respondent does not seems to have given an inventory of the
property of the ownership of her husband, the brother of the
appellant, a dispute may arise as to who is the owner of the movables
that would found in the house. To avoid any dispute on this, the
appellant was asked to give list of her movable belongings lying in
the house, which is sealed. The list is as under:
T.V.
Stand;
Sofa
Set;
Two
Wooden Cots;
Two
Mattresses with Pillows and Bedsheets;
Old
Sarees and Dresses; and
Utensils,
on which the name of the appellant or her husband’s name is
engraved.
This
broad inventory of the belongings of the appellant would be allowed
to remain untouched at the time when the seal is opened by the Court
Officer in presence of panch witnesses and, other belongings of the
brother of the appellant and the husband of the respondent, if any,
found in the premises would be permitted to be taken in execution of
the award. Thereafter, the property shall not be kept under seal and
the appellant shall be permitted to occupy the same.
The
Appeal and the Civil Application are disposed of accordingly with
above directions.
(A.L.Dave,
J.)
(V.M.Sahai,
J.)
/moin
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