Keshava M C 01 October 2020

Delivery warrant - can contain unlocking the door

Hi,

I got sale-deed in the Execution case. As a part of process to get a position of immovable property(agriculture land) submitted delivery-warrant as a IA. In IA we mentioned there is structure(pump-house , square of 1-1.5 square area) need to break/unlock the door to get a position. so after opposition lawyer opposed breaking/unlocking the door Judge asked to re-submit application without mentioning word "break/unlock the door". The reason given once Baeliff returning saying there is resistance then we will allow to break the door.

Is there any judgement which tells, first appeal itself, it is possible to request or direct Balief to unlock the door.

It will be helpful to us, we are struggling for a almost 5 years to complete Exceution petition

Thanks

Keshava

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Quick Summary

A user is seeking advice on whether a delivery warrant can explicitly include the right to unlock doors to gain possession of agricultural land, especially when a pump-house structure is involved. The court has requested the application be resubmitted without mentioning 'break/unlock the door', suggesting this can be addressed if resistance is met during execution. The user is looking for legal precedents to support requesting the bailiff to unlock the door at the initial application stage, having faced a five-year delay.