Sandeep Terrace co-op Housging Society limited and orsVsRooma Mukherjee and ors

Date: 20-08-2021
Business: Ms.Sarah Navodia, Advocate for plaintiff present.
On request of Ms.Navodia, issue notice U/o.XXI, Rule 34 alongwith draft of Conveyance Deed, returnable on 12/10/2021
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Ms. Samrudhi Sonar advocate for plaintiff present.
Exe.application marked as Exh.A(Colly.).
Ms. Sonar tendered original notice with service report endorsed thereon, t.o.r and marked as Exh.B.
As notice could not be served Ms. Sonar has tendered application for amendment in respect of address of defendant No. 1,3,4 and 5, t.o.r and marked as Exh.C.
Ms. Sonar seeks time to trace out present whereabouts of defendant No.2.
Upon hearing Ms. Sonar amendment application allowed, amendment be carried out as per rules and notice after amendment be issued returnable on 09/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Ms. Samrudhi Sonar, Advocate for Plaintiff present.
Shri Akshay Chavhan advocate for defendant No.1,3,4 and 5 present.
Ms. Sonar tendered original notice with service report pasted thereon t.o.r and marked as Exh.D.
As per service report notice is duly served upon defendant No.3,4,5 and unserved on defendant No.1.
As Shri Chavan is appearing for defendant No.1,3,4 and 5, copy of notice of defendant No.1, has been served upon him by Ms. Sonar, across the Bar and Shri Chavan has sign on the original Notice in token of receipt of the same.
Shri Chavan seeks time to file vakalatnama and reply.
Ms. Sonar, tendered application for substitute service upon defendant No.2 by way of publication, t.o.r marked as Exh.E.
Application for substitute service allowed.
Substitute service made returnable on 21/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Ms. Samrudhi Sonar, Advocate for plaintiff present.
Matter is taken on board by way of preacipe t.o.r and marked as Exh.F.
Ms. Sonar, states that time for completing substitute service upon defendant No.2, by publication is required to be extended and on her request matter adjourned to 18/02/2022, by extending the time for completing substitute service by way of publication upon defendant No.2.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: As Court is on leave, board discharged and matter adjourned to 22/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Ms. Samrudhi, Sonar, advocate for plaintiff present.
Shri Akshay Chavhan, advocate for defendant present.
Ms. Sonar, has tendered affidavit of substitute service t.o.r and marked as Exh.G.
Shri Chavhan, has tendered vakalatnama of M/s. Vishwakarma and Associates advocates for defendant No.1,3,4 and 5 t.o.r and marked as Exh.H.
Shri Chavhan seeks time to file reply and by consent, matter adjourned to 09/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Ms.Samruddhi Sonar, Advocate for plaintiff present.
Shri Akshay Chavan, Advocate for defendants present.
Shri Chavan seeks time to file reply.
Ms.Sonar objects.
However, in the interest of justice, matter adjourned 17/03/2022, by way of last chance for defendant to file reply.
Next Purpose: FOR___________________
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: As the Court is on leave, board discharged, adjourned to 07/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Ms. Samrudhi Sonar, Advocate for Plaintiff present.
Ms. Anagha Tandel, Advocate for defendant No.1,3,4 and 5 present.
Reply of defendant Nos.1, 3, 4 and 5 tendered by Ms.Tandel t.o.r. marked as Exh-I.
As such, as the matter has become contested, by consent of both the advocates, matter is hereby submitted to Honourable Court as per assignment on 25/04/2022.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Honourable Court as may be assigned, on 25/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: This Execution Application is re-assigned to this Court being contested.
Adv. Samrudhi Sonar for original plaintiff/ D.H. present.
None for judgment debtors. KB
L.O.
Adv. Nishant Shashidharan  for original plaintiff/ D.H. present.
Adv. Akshay Pawar for J.D. No. 1, 3 to 5 present and tendered copy of board resolution t.o.r. and marked as Exh. J.
None for J.D Nos. 2, 6 to 8.
Heard Advocate for D.H. and Advocate for J. D. Nos. 1, 3 to 5 on Execution Application
Matter adjd. To 30/04/2022 for order on Execution application No. 173/21
Next Purpose: ORDER
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv Samruddhi Sonar I/b Adv Dhruve Liladhar and co. for plaintiff present.
None for judgment debtors no.1 to 8.
F.R.S.R. Following order is passed -
ORDER
1. The deed of conveyance filed by Decree Holder is accepted by refusing objection raised by Judgment Debtor no.1 and 3 to 5.
2. Decree Holder is directed to proceed further as per order 21, Rule 34 of IPC.
Adjd. To 05/07/2022 for taking steps by decree holder (original plaintiff)
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Ms. Samruddhi Sonar i/b M/s Dhruve Liladhar and Co. for decree holder/ original plaintiff present and requested for time to take steps in the matter. Time is granted till next date.
Adv. Akshay Chavan for judgment debtor Nos. 1 and 3 to 5 present.
None for Judgment debtor No. 2.
Adjd. to 25/08/2022 for taking steps by decree holder/original plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Samruddhi Sonar i/b Dhruve Liladhar and Co. for applicant/ decree holder present and requested time for taking steps. Time is granted till next date.
None for judgment debtors.
Adjd. to 11/10/2022 for taking steps by decree holder.
L.O.
Adv. Anagha Tandel for respondents No.3 to 5 present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Tanjul Sharma i/b Dhruve Liladhar and Co. for applicants/decree holder present and submitted that matter is pending before the Collector of Stamp for adjudication of stamp duty. Hence, matter be adjourned.
Adv. Medhavi Mathur i/b Vishwakarma and associates for deft. Nos.1, 3, 4 and 5.
None for J.D. Nos.2, 6 to 8.
Adjd. to 06/12/2022 for taking steps by decree holder.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv. Tahir Habshee for D/H present and submitted that draft of convenience deed is filed before the Collector of Stamp for adjudication and they have required time to adjudicate the stamp duty. Hence adjourned.
Adv. Akshay Chavan a/w Adv. Medhavi Mathur i/b Vishwakarma and Associates for J/D Nos.1, 3 to 5 present.
None for J/D Nos.2 and 6 to 8.
Adjd. to 16/02/2023 for taking steps by decree holder.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Tanjul Sharma i/b M/s Dhruve Liladhar and Co. for D/H present and submitted that matter is pending before the Collector of Stamp for adjudication of stamp duty. Hence, adjourned till next date
Adv. Sajid I. Patel i/b Vishwakarma and Associates for J/D Nos.1, 3 to 5 present.
None for J/D Nos.2 and 6 to 8.
Adjd. to 08/06/2023 for taking steps by D/H.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Adv. Tanjul Sharma I/b Dhruve Liladhar and Co. for Decree holder present.
Adv. Naina Sharma I/b Vishwakarma associates for Judgment debtor Nos. 1,3,4 and 5 present.
None present for Judgment debtor No. 2
Adv. Smt. Mhatre  for defendant/ BMC is present.
Report of the collector of Stamp received on 18.05.2023 is T.O.R. and marked as Exh. 2 ( Colly) Just.
Adjd. to 17.06.2023   for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Tanjul Sharma I/b Dhruve Liladhar and Co. for plaintiff present and tendered application for appointement of Court officer for executing and admitting execution and registration of Deed of Conveyance for Respondent No.2. Said application is T.O.R. marked as Exh. 3. O- Other side to say.
Adv. Naria Sharma  Vishwakarma and associates for defendant No. 1,3,4 and 5 present and given say on Exh. 3.
Adjd. to 14.06.2023 for Order on Exh.3.
Next Purpose: ORDER
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Advocate Tanjul Sharma I/b Dhruve Liladhar and Co.  for Decree holder present.
None present for Judgment debtors.
Advocate Suryavanshi for defendant/BMC present.
keep back
L.O. 5.41 p.m.
Due to paucity of time, matter adjourned for order below Exh. 3
Adjd to 19.06.2023 for Order below Exh. 3.
Next Purpose: ORDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Advocate Tanjul Sharma I/b Bhruve Liladhar and Co. for Decree Holder present.
Advocate Naina Sharma I/b Vishwakumar and Asso. for Judgment Debtor nos.1, 3, 4 and 5 present.
Keep Back. Later on 03.47 p.m.
None present.
Due to paucity of time, matter is adjourned.
Adjd for order on Exh.3 to 21.06.2023.
Next Purpose: ORDER
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Advocate Tanjul Sharma I/b Dhruve Liladhar and Co. for Decree Holder present and submitted that  there is no appeal pending against the judgment and decree passed in Suit NO. 6325/2006 and there is no stay to the judgment and decree.
None present for Respondents.
Advocate Suryavanshi for Judgment debtor No. 6 and 7/BMC present.
FRSR Following order passed on below Exhibit. 3
ORDER
1.  Application exhibit-3 is allowed.
2. Registrar, City Civil Court, Gr. Mumbai is directed to appoint officer of this Court to execute Deed of Conveyance, as per judgment and decree passed in Long Cause Suit No. 6325/2006
3. The Decree Holder to pay necessary charges or Bhatta as per rules.
Adjd  to  20.07.2023 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: None present for Decree holder.
Adv. Naina Sharma  for J/D No. 1 ,3,4 and 5 present
Advocate Mhatre h/f Suryavanshi  for J/D No. 6 and 7/BMC present.
Time is extended to comply order dated 21.06.2023 till next date.
Adjd to 24.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Advocate Tanjul Sharma i/b Bhruve Liladhar and Co.  for Decree holder present and tendered
None present for Judgment Debtor No. 1,3,4 and 5
Advocate Mhatre for defendant No. 6 and 7/BMC present and has given say on Exh. 5
Letter from office of the Sub  Registrar Kurla No. 1 alongwith Sealed envelop marked as  4
Keep back
L.O. 12.22 p.m.
Same appearance.
Adv Naina Sharma  for judgment debtor No.  1,3,4 and 5 present.
Adv for Decree holder filed an application for handing over copy of the payment receipt issued by Sub Registrar, copy of index II and original Deed conveyance executed on 29.01.2022. This court has received above record document in sealed envelop alongwith letter below Exh. 4. Therefore I pass following order.
ORDER
Original Deed of conveyance  bearing  No. KRL1/16606/2023 (Total 280 Pages), Index II Copy and Original registration receipt No. 16610 be handed to Decree Holder.
In view of the execution of Deed of conveyance as per the judgment and decree passed in 09.04.2019, decree is satisfied. Hence Execution Petition No. 173/2021 disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 24-08-2023

Main Case No: SUIT/0106325/2006
Main Cnr: MHCC010094692006
Main Filing No: 111447

Registration Number: 100173/2021
Transfer Date: 12-04-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105741/2021
Filing Date: 06-08-2021
First Hearing Date: 20th August 2021
Decision Date: 24th August 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE