Final Order 1

Order Details: Other
Pdf Text: 1 (EA 182/19)
MHCC010058042019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXECUTION APPLICATION NO.182 OF 2019
IN
S.C. SUIT NO.8998/1988
1(a) Satan Ravi Dandekar
1(b) Hema Francis Koli
1(c) Sushma Santosh Bavkar ..Plaintiffs/Decree
holder
Versus
1(a) Smt. Lakshmi Bhaskar Bhandarkar
1(b) Vijay Bhaskar Bhandarkar
1(c) Smt. Jayashree Anten Keni
1(d) Mary Bhaskar Bhandarkar
1(e) Sangeeta Bhaskar Bhandarkar
1(f) Anita Bhaskar Bhandarkar
1(g) Swamy Bhaskar Bhandarkar
2. Yeshwant Shanwar Bandarkar. ..Defendants
Appearances :
Adv. R. R. Pawar a/w. Adv. Sayli Apte h/f. Adv. P. G. Lad for DH.
Adv. Cynthia Pereira a/w Madhuri Ruibagkar for JDR No.1(g).
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No. : 03
Date : 19.4.2022.
ORDER
1. Plaintiffs (decree holders) by way of present Execution
Application seeking final decree. It is not in dispute that initially the suit
was filed for partition and accordingly, my Ld. Predecessor vide
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judgment and order dated 25.1.2019 partly decreed the suit declaring
that, plaintiff no.1(a) to (c), defendant nos. 1(a) to (g) and defendant
no.2 are entitled to 1/3rd share each in the suit house. Accordingly, a
Court Commissioner was appointed, who visited twice in the suit
property and he had filed report giving option of division of share into
1/3rd each.
2. I have perused the Commissioner report, who has divided
the share of each parties by denoting in blue, green and red colours.
Upon receipt of the aforesaid report, the parties were called to choose
their respective portions. Defendant no.1(g) who is presently occupying
the entire property do not want to part with new construction denoted
by blue and green portions. He was suggested to take entire blue and
green portion at one side of the land along with open space and pay for
the excess area. However, he is not agreed for that option. The plaintiff
and defendant no.2 have no issues with respect to any of the area. They
are ready to decide themselves.
3. As per the Commissioner report, total area of the land
comes to 1094.07 sq.ft., out of which plot of land including tenant
denoted by blue is 360.94, green portion is 359.63 sq.ft. and red
portion is 373.50 sq.ft. Thus, the equal share comes to 364.69 sq.ft.
each. However, the area comes under red portion is excess by 8.81 sq.ft.
and area denoted by blue portion is less by 3.75 sq.ft. and the area
denoted by green portion is less by 5.06 sq.ft. The plaintiff and
defendant no.2 both are ready to pay for the excess area according to
valuation with 20% addition, to compensate the other two. As
defendant nos.1(a) to 1(g) wanted only blue portion and part of green
portion do not want to pay for the excess area which comes under the
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green portion, therefore, equal distribution is not possible. However, the
proposed layout or option suggested by the Commissioner is more
viable and that is the last resort. Therefore, defendant nos. 1(a) to 1(g)
shall retain the blue portion as specified in the Commissioner Report
and green and red portion be handed over to the plaintiffs and
defendant no.2, as per their understanding. With this, I proceed to pass
following order :
ORDER
1. Final decree be drawn up.
2. Defendant nos.1(a) to 1(g) are allowed to retain layout denoted
by blue portion in Commissioner Report (Exh.2) and the
plaintiff and defendant no.2 be handed with the layout of red
and green portion as per their understanding.
3. The plaintiff and defendant no.2 do not want to claim on fishing
boat and net. They are ready to relinquish the same in favour of
defendant nos. 1(a) to 1(g). Hence, defendant nos. 1(a) to 1(g)
may take possession thereof.
4. No order as to costs.
5. Decree be drawn up accordingly.
6. Execution Appln. No.182 of 2019 stands disposed of accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 19.4.2022 Greater Bombay.
Dictated on : 19.4.2022
Typed on : 19.4.2022
Draft given on : 19.4.2022
Signed on : 19.4.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
21.4.2022, at 4 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 19.4.2022
JUDGMENT/ORDER signed by P.O. on 19.4.2022
JUDGMENT/ORDER uploaded on 21.4.2022
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