Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.347/2020
-:1:-
MHCC010023352020 CS filed on : 24/02/2020
Registered on : 24/02/2020
Decided on : 13/01/2026
Duration : 05 Y : 10 M : 18 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
CHAMBER SUMMONS NO. 347 OF 2020
IN
EXECUTION APPLICATION NO.6 OF 2019
IN
SUMMARY SUIT NO.19 OF 2018 (DISPOSED OF)
Jigar Laxman Patel
V/s.
…Plaintiff/
Decreeholder
Mahesh Shamji Patel
And
...Defendant/
Judgment Debtor
Manoj Shamji Patel ...Applicant
Mr. Rahul Prajapati, ld. Advocate for applicant.
None for decreeholder.
CORAM : H.H. JUDGE SHRI SANJIV PRABHAKAR PINGLE,
COURT ROOM NO.84,
O R D E R
(Delivered on 13th January, 2026)
1) By this chamber summons, applicant Manoj Shamji
Patel/intervenor/third party prayed to ‘cancel the warrant of
attachment’ dated 13/02/2019 issued under Order XXI Rule 54 of
Code of Civil Procedure raised and levied on the applicant’s tenanted
-- 1 of 6 --
Chamber Summons No.347/2020
-:2:-
premises i.e. Room No.332/4035, Tagore Nagar, Vikhroli Colony,
‘Slum Dweller’s Rehabilitation Scheme’, Vikhroli (East), Mumbai-
400083. Further prayed to declare that the attachment levied on the
tenanted premises is void-ab-initio, illegal and liable to set aside and
vide prayer clause (b) prayed to stay the execution proceeding till the
decision of chamber summons.
2) Supporting affidavit of applicant Manoj Shamji Patel is filed
contending that the tenanted premises attached by the Court Room
No.332/4035, Tagore Nagar, Vikhroli Colony, Slum Dweller’s,
Rehabilitation Scheme, Vikhroli (East), Mumbai-400083 was allotted
by the Maharashtra Housing Board in the name of his father Shamji
Ratanshi Patel as per allotment letter dated 09/01/1963 issued by
the office of Estate Manager (East) alongwith possession receipt
dated 14/01/1963 at Exhibit-2 and 3. Therefore, prayed to cancel
attachment as he was living with his father who expired on
15/08/2009. Therefore, he inherited the tenancy solely as per Rent
Act. All the necessary documents showing that applicant is lawful
occupant as annexed vide Exhibit-7 to 10, 11 and 12. Hence, prayed
to allow the chamber summons.
3) Vide affidavit of reply of Jigar Laxman Patel contended that
summary suit No.19 of 2018 was decreed. Accordingly, the property
was attached under Order XXI, Rule 43 and 54 of Code of Civil
Procedure on 13/02/2019. It is contended that attached premises
being the tenanted premises standing in the name of late father. After
death of father, 50% tenancy rights was inherited by the judgment
debtor. Hence, prayed to dismiss the chamber summons.
4) Rejoinder filed by applicant dated 22/02/2021 adopting re-
iterating and confirming the contention made in the chamber
summons and hence, prayed to cancel the attachment and allow
-- 2 of 6 --
Chamber Summons No.347/2020
-:3:-
chamber summons, in view of denial of the fact that 50% share and
rights in the tenanted room was inherited by the judgment debtor.
5) Following points arises for my determination to which I have
noted my findings with reasons thereon to each one as under :-
SR.NO. POINTS FINDINGS
1 Does the attachment of Room
No.332/4035, Tagore Nagar, Vikhroli
Colony, Slum Dweller’s, Rehabilitation
Scheme, Vikhroli (East), Mumbai-400083
deserves to be canceled being not belongs
to judgment debtor ?
Yes.
2 What Order? Chamber
Summons is
Allowed.
R E A S O N S
6) Heard ld. Advocate Shri. Rahul Prajapati for applicant. None
present on behalf of decreeholder.
AS TO POINTS NO.1 & 2 :
7) At the very outset, I would like to point out that as per erstwhile
Bombay Rent Act, i.e. present Maharashtra Rent Control Act, 1999,
the legal heirs who was residing with the tenant at the time of his
death would inherit and succeed the tenancy rights. Thus, being the
settled notion. There is no law in respect of inheritance of 50% of the
tenancy rights to the son’s or siblings of deceased. Therefore, I do not
find any substance in affidavit of reply about the contention that 50%
tenancy rights are devolved upon judgment debtor after the death of
his father.
-- 3 of 6 --
Chamber Summons No.347/2020
-:4:-
8) Secondly, after going through the documents attached with the
supporting affidavit, Superintendent to the Estate Manager (East) of
Maharashtra Housing Board, issue of allotment letter in the name of
Shamji Ratanshi Patel i.e. father of the applicant and judgment
debtor and all documents vide Exhibit-2 to 4 are standing in the
name of late father.
9) Vide Exhibit-7, the name of applicant Manoj Shamji Patel is
reflected in the Ration Card bearing No.483871 alongwith other
family members Manoj, Laxmiben, Kausik, Aarti, Prashant and Laxmi.
Nowhere the name of the judgment debtor Mahesh Shamji Patel
reflected.
10) Further, Aadhar Card of applicant is standing on the given
address of his father vide Exhibit-08. Whereas, LPG Connection/Tax
Invoice is of the given address standing in the name of the applicant
at Exhibit-10. Electricity Bill of Adani Company at Exhibit-11, it is
standing in the name of the ‘Executive Engineer’.
11) Vide Exhibit-12, the name of the father is reflected in BMC
Property Tax Bill. These documents nowhere shows the name of
judgment debtor. Hence, chamber summons succeeds.
12) Thus, I noted my findings to the Point No.1 and 2 accordingly
and I proceed to pass following order :
ORDER
1. Chamber Summons No. 347 of 2020 is allowed.
2. The attachment made as per order dated 13/02/2019 of Room
No.332/4035, Tagore Nagar, Vikhroli Colony, Slum Dweller’s,
Rehabilitation Scheme, Vikhroli (East), Mumbai-400083 stands
canceled.
-- 4 of 6 --
Chamber Summons No.347/2020
-:5:-
3. Chamber Summons No. 347 of 2020 is disposed of accordingly.
(Dictated, delivered and pronounced in open Court)
(SANJIV PRABHAKAR PINGLE )
JUDGE, CR NO.84,
Date : 13/01/2026 CITY CIVIL COURT, AT MAZGAON,
MUMBAI.
Dictated on : 13/01/2026.
Transcribed on : 13/01/2026.
Signed on : 14/01/2026.
-- 5 of 6 --
Chamber Summons No.347/2020
-:6:-
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer16/01/2026 05.30 p.m.
Name of the Judge (With C.R. No.) HHJ SHRI. SANJIV PRABHAKAR
PINGLE
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
13/01/2026
JUDGMENT / ORDER signed by P.O.
on
14/01/2026
JUDGMENT / ORDER uploaded on 16/01/2026
-- 6 of 6 --