Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100168/2019
Ms. Kamar Dharamsey Vs Shabbir Mahomed Dharamsey And Ors.
Date : 11-01-2019
Business : Adv. Ms. Sushama Singh for plaintiff present and filed joint
affidavit in NM no. 42892018. Copy served to other side.
D5 and D6 with Adv. Vilas Mali present. Adv. Mestri with
Adv. Seegarla for applicants present. Adv Ms. Rita for D3
and 4A present. Ms. Manjiri Jadhav, representative from the
office of Court Receiver office is present. Ld. Counsel for
plaintiff, D3 and 4a and Ld. Counsel for applicants filed
consent terms. All parties who signed the consent terms are
present. This Court had heard both sides in draft chamber
summons and matter was kept for orders. During course of
hearing, this Court found that as per the report of Receiver
dated 12.12.1966, the father of applicant no. 1 Maruti
Kadam was in possession of room no.4 in chawl when
Court Receiver visited the suit premises. It is therefore
appears that Maruti Kadam had not entered the premises
after appointment of Court Receiver. Before this Court
could decide the draft chamber summons, the plaintiff, D3,
D4a and the present applicants have filed consent terms in
this draft chamber summons. In view of the consent terms,
the chamber summons does not survive and it is disposed of
in terms of the consent terms. It is made clear that the
consent terms filed in this draft chamber summons shall be
subject to the final order of the suit. The representative of
Court Receiver Ms. Manjiri Jadhav is present and copy of
consent terms is supplied to her. The Court Receiver shall
act as per clauses no.4, 6 and 8 of the consent terms. The
desealing of room no.4 which was occupied by applicant
shall be carried out within two weeks from the deposit of
the amount as per clause 6 of the consent terms. In view of
the various encroachment and trespass that had taken place
at the suit site, only the applicants shall be allowed to
access their room. The applicants shall ensure that there is
no encroachment or trespass in other part of the suit
premises. The applicants shall act as an Agent of the Court
Receiver. Accordingly chamber summons is disposed of. It
be registered for statistical purpose.
Nature of Disposal : DISMISSED
Disposal Date : 11-01-2019
COURT 3 ADDL. SESSIONS JUDGE
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