Order 1

Order Details: Order below exhibit
Pdf Text: 1 E/A 173/21 (O.Exh.3)
MHCC010055782021
IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI
EXECUTION APPLICATION No.173 OF 2021
IN
LONG CAUSE SUIT No.6325/2006
Sandeep Terrace C.H.S.L.
& Ors. … Plaintiffs
- Versus -
Rooma Mukherjee & Ors. … Defendants
Appearance :-
Advocate Tanjul Sharma i/b M/s. Dhruve Liladhar & Co., Advocates for
Decree Holder.
Advocate Naina Sharma i/b Vishwakarma and Associates, for
defendants Nos.1, 3 to 5.
None for defendant No.2.
Mr. Om Suryavanshi, Advocate for defendants No.6 and 7/M.C.G.M.
CORAM : S. H. SALUNKHE,
ADHOC JUDGE CITY CIVIL COURT,
COURT ROOM NO.4.
DATED : 21/06/2023.
ORDER BELOW EXHIBIT-3 :
. The applicant/decree holder (D.H.) has filed Execution
Application for execution of decree passed in Long Cause Suit No.
-- 1 of 4 --
2 E/A 173/21 (O.Exh.3)
6325/2006 whereby defendants No.1 to 5 were directed to execute
Deed of Conveyance, in favour of the plaintiff No.1/society i.e. the D.H.
2] The D.H./society has filed present application for
appointment of officer of the Court, for execution of the decree as per
Order-XXI Rule 34 (4) of The Code of Civil Procedure.
3] It is stated that as per order dated 9/12/2021 this Court
allowed application for substituted service on defendant No.2/J.D.2.
Thereafter by an order dated 30/4/2022 this Court accepted draft of
Deed of Conveyance filed by the D.H. and then draft of Deed of
Conveyance was sent for adjudication of stamp duty on 11/5/2022. It
is further stated that the Collector of Stamps, Kurla sent back draft of
Deed of Conveyance by adjudicating stamp duty. It is further stated that
defendant No.1 to 5 have not executed Deed of Conveyance. Therefore,
it is necessary to direct the Registrar of this Court to appoint officer, to
execute Deed of Conveyance as per the decree.
4] The respondents i.e. J.D. Nos.3 to 5 given no objection. It
appears that draft of Conveyance Deed was served upon J.D. No.2 by
substituted service. The D.H. has annexed copy of public notice
Annexure-A alongwith substituted service affidavit. However, none
appeared on behalf of J.D. No.2.
5] Learned advocate for D.H. submitted that Runwal
Constructions & Ors. have preferred First Appeal (ST) No.2528 Of 2019
before the Hon’ble High Court. The Hon’ble High Court by order dated
29/1/2020 disposed of First Appeal and there is no stay to execution of
the decree. J.D. Nos.3 to 5 produced copy of order passed by Hon’ble
High Court in First Appeal (ST) 2528 of 2019. On perusal of the order,
-- 2 of 4 --
3 E/A 173/21 (O.Exh.3)
it appears that First Appeal stands disposed of. As per judgment and
decree defendants No.1 to 5 have directed to execute Deed of
Conveyance of suit property. Defendants No.1 and 3 to 5 have given no
objection for appointment of officer of the Court, for execution of Deed
of Conveyance. The defendant No.2/J.D. No.2 did not appear and
contested execution petition or challenged draft of Deed of Conveyance.
6] In the above circumstances, I pass following order :-
O R D E R
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.
Date : 21/06/2023. ( S. H. SALUNKHE )
Adhoc Judge City Civil Court,
Court Room No.4, Gr. Mumbai.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
15/07/2023 04:25 p.m. V. V. Kulkarni
NAME OF STENOGRAPHERUPLOAD DATE TIME
-- 3 of 4 --
4 E/A 173/21 (O.Exh.3)
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 21/06/2023
ORDER Typed on 15/07/2023
ORDER signed by P.O. on 15/07/2023
JUDGMENT/ORDER uploaded on 00/00/202
-- 4 of 4 --