Final Order 1

Order Details: Miscellaneous appeal
Pdf Text: CNR No.MHCC010064332018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISCELLANEOUS APPLICATION NO.29 OF 2018
IN
SUIT NO.8177 OF 2002
(High Court Suit No.3130 of 2002)
Harkisondas Motilal Shah
Smt. Vimla H. Shah & Ors. .. Applicants/
(Ori. Plaintiffs)
Versus
1. Shantilal Jagjivandas Shah
2. Phulvanti Jagjivan
3. Madhukanta Bhagwandas Shah .. Respondent/
(Ori. Defendant)
Mhatre & Associates, Advocate for applicants/ori. plaintiffs.
None for defendant
CORAM : HER HONOUR JUDGE
SMT. ULKA L. JOSHI
(COURT ROOM NO.31)
DATE : 29th May, 2018
: ORDER :
1. By this miscellaneous application applicants/original plaintiffs
are seeking release of sale proceeds to the tune of Rs.2,23,25,000/. As
per applicants the suit flat is sold out during the pendency of present
proceeding by appointment of Court Receiver. That amount is still lying
with this court. By passing judgment and decreed dated 09/04/2018
this court declared that original plaintiff is entitled to estate left over by
Lilawanti Shah which is inherited by Lilawanti Shah from her husband
Manilal Shah. Hence, this miscellaneous application for release of that
amount in favour of applicants/original plaintiffs.
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..2..
2. None appeared for defendants as they are not alive.
3. Here perusal of judgment and decree dated 09/04/2018
shows that factum of deposit of sale proceed in the court and
entitlement of plaintiffs to that amount is already mentioned in para
no.13 of the judgment. In such eventuality applicants/plaintiffs being
the heirs of original plaintiff namely Harkisondas Shah who is nothing
but Class I heir of the estate of Lilawanti Shah are entitled for that
amount. However charges of Commissioner are require tobe paid by
applicants/original plaintiffs. Hence following order:
: ORDER :
1. Miscellaneous Application No.29 of 2018 is allowed.
2. Applicants/original plaintiffs are entitled for amount of sale
proceeds after deduction of Court Receiver's charges.
3. Registry is hereby directed to credit the said amount after
deduction of charges and expenses of auction sale to the account of
applicant no.1(a) maintained with Bank of Baroda bearing
No.04050100011663 on behalf of all the applicants.
4. Applicant no.1(a) to file an undertaking about return of said
amount, if any, objection is raised by applicant no.1(b) to (e).
(Smt. U. L. Joshi)
Judge
City Civil & Sessions Court,
Date : 29/05/2018 Gr. Bombay
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.06.2018, 3.15 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Smt.U.L. Joshi
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
29.05.2018
JUDGMENT/ORDER signed by P.O.
on
01.06.2018
JUDGMENT/ORDER uploaded on 07.06.2018
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