Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE 'O' in MA 1512023 in
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MHCC010061172023
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
ORDER BELOW EXHIBIT 'O'
IN
MISC. APPLICATION NO.151 OF 2023
IN
EXECUTION APPLICATION NO.170 OF 2020
Mrs. Shweta Surendrakumar Singh …THIRD PARTY
OBJECTOR
VERSUS
Mr. Sudhir Ravindra Shetty & Ors. …DECREE HOLDER
(ORIG.PLAINTIFF)
Shri. Sanjay Kasture, learned Advocate for Third Party Objector.
Shri. Arwa Lunawadawala, learned Advocate for Decree Holder.
None for Judgment Debtor.
CORAM : JUDGE, SHRI VISHAL SADASHIVRAO GAIKE, ROOM
NO.32, CITY CIVIL COURT, MAZGAON, MUMBAI
ORDER
(Delivered on 30/01/2024)
1. This is an application on behalf of third party objector for
issuance of witness summons to Mr. Ramesh Hajarimal Shah who is the
vendor of Sale Deed dtd.20/11/2020 executed in favour of Objector
Shweta Surendra Kumar Singh.
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2. It is stated by the Objector that, she has preferred Misc.
Application No.151 of 2023 in Execution Application No.170 of 2020
for quashing and setting aside the order of attachment of property and
proclamation of sale made in respect of her property. That, the Decree
Holder (hereinafter referred to as 'the DH') has filed reply affidavit to
the said Misc. Application and has raised the issue that the
applicant/Objector is required to file on record an affidavit with the
KYC documents of the Vendor to establish that he is a different person
from the Judgment Debtor. Therefore, it is necessary to issue witness
summons to the said Vendor and called his KYC documents. The said
Vendor has not provided his KYC documents to the applicant/Objector
even after repeated requests. Hence, the application may kindly be
allowed.
3. The DH has filed his reply on the said application and has
opposed it stating that the application is baseless and made on frivolous
grounds. It is further stated that the applicant has moved the present
application with the malafide intent to prolong the execution
proceedings. Hence, it be dismissed with costs.
4. Heard both the sides. Perused the record. The learned
advocate of the applicant/Objector pointed out during the hearing on
the application that the DH through its advocate had issued notice
dtd.11/09/2023 to him and had called upon the Objector to produce an
affidavit on record with KYC documents of the Vendor to establish that
the Judgment Debtor No.1 and the Vendor are two different persons. I
have perused the copy of said notice issued on behalf of the DH.
5. That, admittedly, the suit of the DH i.e. the original
plaintiff was not regarding the present property in dispute which is
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claimed by the Objector as owner of the said property. The suit of DH
against the JD was for the recovery of amount. The Objector has already
filed Misc. Application No.151 of 2023 and has challenged the
attachment of her property and consequent proclamation of sale in
Execution Application No.170 of 2020. The copy of registered Sale Deed
executed between Mr. Ramesh Hajarimal Shah and Shweta Singh I.e..
the present applicant/objector is placed on record. It bears the
photograph of the said Vendor Ramesh Shah and also the photographs
of Vendee Shweta Singh and her two witnesses on the same Sale Deed.
One of the said witnesses, according to the objector is JD Ramesh Singh
who is her brotherinlaw. The said application/objection to the
attachment of property has to be adjudicated as per the provisions of
Order XXI Rule 58 of the Code of Civil Procedure, 1908. In view of this
fact, I am of the opinion that, the said Vendor Mr. Ramesh Hajarimal
Shah cannot be called as a Witness alongwith his KYC documents in the
execution proceedings. Consequently, I proceed to pass the following
order.
ORDER
1. Application Exh.'O' dtd.04/01/2024 is hereby rejected.
2. The Decree Holder and the Third Party Objector are directed to
make their submissions on Misc. Application No.151 of 2023 on
the next date.
3. In the meanwhile, the Decree Holder is directed to issue notice to
the Judgment Debtor as per provisions of Order XXI Rule 41 of
Civil Procedure Code, 1908 for his examination regarding his
movable and immovable properties for satisfying the decree
against him.
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4. No order as to costs.
( VISHAL SADASHIVRAO GAIKE )
JUDGE, CR NO.32,
Date : 30/01/2024. CITY CIVIL COURT, MAZGAON,
Directly typed on Computer on : 30/01/2024 MUMBAI.
Printed on : 30/01/2024
Signed on : 30/01/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30.01.2024 at 4.45 p.m. Mrs. Rupali S. Bhor
Name of the Judge ( With Court
Room No.)
H.H.J. Shri Vishal S. Gaike
(Court Room No.32)
Date of Pronouncement of
JUDGMENT/ORDER
30/01/2024
JUDGMENT/ORDER signed by
P.O. on
30/01/2024
JUDGMENT/ORDER uploaded on 30/01/2024
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