Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :MISC APPLICATION/0100054/2020
Mr. Vijay Bhaurao Shambhu Vs Mr. Narendranath Bhaurao Shambhu
Date : 10-11-2020
Business : Adv. Ankita Rele for plaintiff present. Adv. Avinash Doke
for defendant no. 1 present. Order on Miscellaneous
Application No. 54/2020 This is an application for
condonation of delay in registering the consent decree dtd.
22.04.2013. The defendant no. 1 has filed reply virtually
granting no objection to allow the application but only
denied the allegation that he did not submit copy of consent
decree before the Sub- Registrar of assurances. Ld. Adv. for
the plaintiff has cited judgment in S. Sarvothama vs. The
Sub-Registrar, oulgaret, Pondicherry Judgment dtd.
07.02.2019 of Hon&amp#039ble Madras High Court
in Writ appeal no. 336/2019wherein it is highlighted that the
law of limitation does not apply when a court decree is
presented for registration. In view of this law, the delay of
seven years in not registering the consent decree is
condoned. The second prayer is to direct the executor of the
will to remain present before the Registrar for registering
the consent decree. The defendant no. 1 has expressed his
inability to attend the office due to medical condition. In
that light no any directions can be given to attend the office
of Sub-registrar as prayed. The parties are at liberty to
present the consent decree for registration and get it register
in accordance with law.
Nature of Disposal : PARTLY DECREED
Disposal Date : 10-11-2020
COURT 4 ADDL SESSIONS JUDGE
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