Full Order Text
Final Order 1 · 27 Jan 2020 · CNR MHCC010063412019
Order Details: Chamber summons Pdf Text: Ch/s.1142/2019 in Sum.Suit 2465/10 1 IN THE CITY CIVIL COURT AT MUMBAI CHAMBER SUMMONS NO.1142 OF 2019 IN EXECUTION APPLICATION NO.870 OF 2013 IN SUMMARY SUIT NO.2465 OF 2010 (UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908) (CNR NO.: MHCC010063412019) Ramesh Pandurang Pahurkar & Ors. ...Plaintiffs/Applicants Decree Holder Versus Bharat Khandu Shinde ...Respondent And Ramchandra Khandu Shinde ...Third Party Appearances: Advocate Mr.Mayur Joshi for DH/Applicants. Advocate Ms.Trivedi and Mr.Sarode for JD/Respondent. CORAM : HIS HONOUR JUDGE DEEPAK L. BHAGWAT (C.R.NO.28) DATE : 27th JANUARY 2020 O R D E R 1. By this Chamber Summons the Intervener Ramchandra requested to restrain the applicants Decree Holder from executing the decree against original defendant Bharat and to levy attachment of interveners -- 1 of 3 -- Ch/s.1142/2019 in Sum.Suit 2465/10 2 flat No.401. The applicants Decree Holder resisted the Chamber summons. Heard Ld advocate on behalf of the parties. 2. For the reasons separately recorded in the order passed today in Chamber summons 1124 of 2018 this court has already held that attachment of flat No.401 belonging to intervener Ramchandra cannot be granted. However, as far as present Chamber summons is concerned the prayer is two fold, 1. To restrain execution of decree against the Judgment Debtor and 2. To restrain attachment of intervener's flat No.401. Although the Chamber summons 1124 of 2018 has been rejected, it is only to the extent of attachment of flat No.401. That cannot be a ground to absolutely restrain the Decree Holder from executing the decree. In other words the Decree Holder shall be at liberty to execute the decree by other modes in respect of other properties subject to the satisfaction of the court. No ground to restrain the Decree Holder absolutely from executing the decree. Therefore, said prayer cannot be allowed. As regards the prayer to retrain the attachment of intervener's flat No.401 no such order of attachment has been passed. The Chamber summons requesting attachment of said flat has been rejected. The purpose of the intervener has already been served by virtue of rejection of Chamber summons 1124 of 2018. However, technically the prayer to restrain the Decree Holder's from levying the attachment of flat No.401, in the present Chamber summons is of the nature of perpetual restriction/injunction which is beyond the scope of present proceeding. Resultantly, the requests as made in the -- 2 of 3 -- Ch/s.1142/2019 in Sum.Suit 2465/10 3 chamber summons are liable to be rejected. Hence, order as follows is passed: ORDER The Chamber Summons No.1142 of 2019 is rejected. (Deepak L. Bhagwat) AdHoc Judge, Date: 27/01/2020 City Civil Court,Gr. Mumbai Dictated on : 27/01/2020 Transcribed on : 28/01/2020 Signed on : 29/01/2020 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 31/01/2020 at 12.45p.m. Mrs.J.V.Pawar UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat (C.R.NO.28) Date of pronouncement of Judgment/Order 27/01/2020 Judgment/Order signed by P.O. on 29/01/2020 Judgment/Order uploaded on 31/01/2020 -- 3 of 3 --