Dr. Jawaharlal Sitaram Agrwal and Ors.VsClive Chadwick CIel and Ors

Date: 07-03-2020
Business: Ms. Nipa Shah Advocate for plaintiff present.
On request of Ms. Shah for submitting draft deed for issue of notice u/o XXI Rule 34 of CPC, adjourned to 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Ms. Nipa Shah Advocate for plaintiff present.
Ms. Shah has tendered the draft of sale deed and on request of Ms. Shah for settlement of the said draft, adjd to 30/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Ms. Nipa Shah advocate for plaintiff present.
On request of Ms. Shah issue notice u/o XXI Rule 34 of CPC to be served alongwith the draft deed, returnable on 04/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Ms. Nipa Shah advocate for plaintiff present.
On request of Ms Shah matter adjourned to 04/03/2021 for filing affidavit of service.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Ms. Nipa Shah advocate for plaintiff present.
Execution application marked as Exh.A(Colly.).
Ms. Shah tendered affidavit of service dated 04/03/2021, t.o.r. and marked as Exh.B.
On request of Ms. Shah for taking further steps matter adjourned to 11/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Ms. Nipa Shah, advocate for the Plaintiff present.
Ms. Shah submits that the sale deed be sent for adjudication to the concerned Stamp Office, as the defendants though served neither appeared nor filed any objections.
Ms. Shah further submits that the plaintiff is ready to bear the necessary charges in respect of adjudication and also under takes to file application stating the details of the concerned stamp office to which the sale deed is required to be sent for adjudication.
Hence, the sale deed  to be sent for adjudication to the concerned Stamp Office with request to return the same to this office after adjudication on or before 15/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Today being declared holiday, adjourned to 29/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 27/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 12/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Parties and advocate are absent adjourned to  07/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Parties and Advocate absent matter adjourned to 25/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Ms. Nipa Shah, advocate for plaintiff present.
On request of Ms. Shah awaiting compliance, matter adjourning to 14/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Ms.Nipa Shah, Advocate for plaintiff present.
Ms.Shah states that the adjudication process has been completed and the document is likely to be received by this office within a day or two and on her request matter adjourned to 21/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Ms.Nipa Shah, Advocate for plaintiff present.
Ms.Shah for prays appointment of officer of this Court for execution/registration of Sale Deed, stating that office of Stamp Office, Kurla, has forwarded duly adjudicated Sale Deed to this office.
Office record shows that the adjudicated Sale Deed has been received in this office in closed envelope vide letter dated 16/12/2021 bearing O/w.No.6030 from the office of Stamp Collector, Kurla, vide Inward No.13871 dated 17/12/2021.  Said letter taken on record, marked as Exh-C.
Hence, upon hearing Ms.Shah, Additional Registrar, Smt. S.D.Sawant-Luman, is hereby appointed as Court Commissioner, u/o. XXVI of CPC, for execution/registration of Sale Deed and the cost of execution of the said deed is quantified as Rs. 15,000/- to be deposited by the Plaintiff in P.L.A. Department. Court Commissioner appointed may attend the concern Registration Office, for the necessary process in respect of registration of the Sale Deed. After registration of the Sale Deed by personal attendance Court Commissioner is allowed to withdraw the Commission Cost. It is made clear that if the Commissioner seeks exemption under the provisions of Registration Act from personal attendance during the process of registration, the cost quantified hereinabove will be credited to the Govt.
For compliance, adjd to 21/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Ms.Nipa Shah, Advocate for Plaintiff present.
Office of Sub-Registrar, Kurla No.1, has returned the original Sale Deed without its registration, for the reasons mentioned in the letter O.W.No./Kurla 1/84/2022 dated 20/01/2022, received in this office vide Marathi Inward No.226 dated 21/01/2022, t.o.r., said letter marked as Exh-D.
Smt.S.D.Sawant-Luman, Addl.Registrar, who was appointed as Court Commissioner for registration of the Sale Deed has also filed her report regarding no registration of the said Sale Deed, t.o.r., marked as Exh.-E.
Contents of the letter received from Sub-Registrar, Kurla 1, have pointed out to Ms.Shah, Advocate for plaintiff and she seeks time to file her say to the queries raised by the said office and on her request matter adjourned to 01/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Ms.Nipa Shah, Advocate for Plaintiff present.
Ms.Shah tendered say dated 01/02/2022 in regard to the queries raised by the office of Sub-Registrar, Kurla-1, at the time of registration of Sale Deed, t.o.r. marked as Exh-F.
Perused the say and heard Ms.Shah.
It is seen that that the office of Sub-Registrar has raised query on the point of difference in area mentioned in Sale Deed and in property card in respect of CTS No.1285/1.
Ms.Shah fairly submits that to decide the issue, matter be referred to Honourable Court No.3.
Hence, considering the issue in question, on request of Ms.Shah, matter is hereby submitted to Honourable Court No.3 on 09/02/2022.
Office to take steps to assign the matter to Court No.3.
Parties and Advocates to appear before Court No.3 on 09/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Matter mentioned at 12.12 p.m.
Adv. Mili Thakker a/w Adv. Nipa Shah for DH present.
Heard Ld. Advocate for DH.
It is argued on behalf of plaintiff that there is correction in the area of CTS No.1285/1. As per CT survey record, the area is 17.8 sq. mt. But the actual area is 324.46 sq. mt. And therefore, registrar refused to register the document.
This court passed decree as per the schedule of property annexed by the plaintiff. This court in execution cannot go into the correction of area.  The registrar to execute the decree as it is.
Matter stands adjourned to 06.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Matter called out at 12.05 p.m.
Adv. Nipa Shah for DH present.
Report received from registrar. TOR. Exh.2.
Compliance of the execution is done.
In view of that execution application disposed of.
The original agreement be returned to the DH as per rule.
Execution Application no.142/20 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 06-04-2022

Main Case No: SUIT/0108409/1986
Main Cnr: MHCC010055972012
Main Filing No: 111447

Registration Number: 100142/2020
Transfer Date: 01-02-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 101940/2020
Filing Date: 24-02-2020
First Hearing Date: 07th March 2020
Decision Date: 06th April 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE