Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order on Exh.1 in Exe47-18
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
ORDER ON EXH. 1 IN EXECUTION NO. 47 OF 2018
(CNR no. MHCC010021692018)
IN
L.C. SUIT NO. 231 OF 2014
(CNR no. MHCC010130272013)
M/s. Mahavir Enterprises ]... Decree holder
Versus
1. Bipin Chandra Nagindas Patel & 3 Ors. ]... Judgment debtors
Coram : Dr. M. S. Deshpande, Judge
(Court Room no. 05)
Date : 8th January, 2019.
Mr. Hasan Khan, advocate for decree holder.
None for judgment debtors.
ORDER
1. The plaintiff – Decree holder has moved this application
under Order 21 Rule 34 of C.P.C. for execution of the judgment, order
and decree dated 15.02.2017. In spite of the due service of notices by
bailiff as well as by publication in newspaper, vide affidavit dated
24.07.2018 and by R.P.A.D. vide affidavit Exh. 3. The judgment debtors
have not appeared in the matter. The learned advocate for the decree
holder submits that the defendants – judgment debtors have not
preferred any appeal and there is no stay for execution of this decree.
His statement is accepted and taken on record.
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2 Order on Exh.1 in Exe47-18
2. It is directed in the decree to the judgment debtors to
execute the deed of rectification as per draft annexed at Exh.L in favour
of the plaintiff. The decree holder has suggested the name of advocate
Mangesh Narvekar to act as Court Commissioner to execute the decree.
It appears from the judgment, order and decree dated 15.02.2017 that
the learned Trial Judge has verified the draft deed of rectification at
Exh.L and further directed the judgment debtors to execute the same.
The judgment debtors have not appeared and objected the draft deed of
rectification. In the circumstances the following order is passed :
ORDER
1. Advocate Mangesh Narvekar is appointed as Court Commissioner
to execute the deed of rectification in the light of judgment, order
and decree dated 15.02.2017 passed in L.C. Suit no. 231 of 2014
on payment of requisite stamp duty and registration charges by
the plaintiff.
2. The decree holder is directed to deposit the fees of Rs.5,000/
towards the work under commission in the Court within a period
of week from today.
3. The Court Commissioner to complete the work under commission
on or before 11.02.2019 and submit the report.
4. Issue commission writ accordingly.
sd/-
(Dr. M. S. Deshpande)
Judge,
Date : 08.01.2019 City Civil Court, Mumbai.
Directly typed on dias computer : 08.01.2019
Checked by HHJ on : 09.01.2019
Signed by HHJ on : 09.01.2019
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3 Order on Exh.1 in Exe47-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 09.01.2019 at 2.30 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
08/01/2019
JUDGMENT/ORDER signed by
P.O. on
09/01/2019
JUDGMENT/ORDER uploaded
on
09/01/2019
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