Final Order 1

Order Details: Other
Pdf Text: ORDER ..1.. MA NO.78/2019 @ MA NO.23/2021
MHCC010087682019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
MISC. APPLICATION NO.78 OF 2019
IN
S.C.SUIT NO.4056 OF 2011 (DISPOSED OF)
(HIGH COURT SUIT NO.1858 OF 2011)
Pradip Chinubhai Shah and one. …Applicants/
Plaintiffs
Versus
Smt. Hetal Hiten Patel and others. … Respondents/
Defendants
MHCC010027802021
ALONGWITH
MISC. APPLICAITON NO. 23 OF 2021
Mrs.Aarti Kishor Golani and One. …Applicants/
Defendant 2(a) and 2(b)
Versus
Pradip Chinubhai Shah and one. … Respondents/
Plaintiffs.
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ORDER ..2.. MA NO.78/2019 @ MA NO.23/2021
Advocates
Adv Dipali Chimane for defendant no.2(a) and 2(b).
None for plaintiffs.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
COURT NO.2
DATED : 20th November, 2021.
COMMON ORDER
Present Misc. Application no.78 of 2019 has been filed on behalf
of plaintiffs for stopping defendants from withdrawing the money from
this Court unless the possession of the suit flat i.e., Flat no.9 situated on
1st floor, in the building known as Govind Nagar, 88 Dixit Road, Vile
Parle East, Mumbai 400 057 is handed over to the plaintiff on the
ground that plaintiffs have filed the suit for possession of the suit flat, it
was partly decreed by Judgment and Order dated 19.09.2018 in above
suit and plaintiffs were held entitled for possession of the suit flat from
defendant no.1 upon plaintiff's depositing balance consideration of
Rs.52,51,000/-.
2. Contention of plaintiffs is that plaintiffs are willing to deposit
the decreetal amount in the Court by demand draft. Plaintiffs
apprehends that once the demand draft is deposited in the court and
defendants are allowed to withdraw their share from the amount
deposited, it will be difficult for plaintiffs to obtain possession of the
suit flat. Hence they filed present application. This application is
pending since the year 2019.
3. Thereafter defendant no.2(a) and 2(b) also filed Misc.
Application No.23/2021 for permission to withdraw their 1/3rd share
each out of the amount of Rs. 52,51,000/- i.e., Rs.17,50,333.33 each
together with proportionate interest accrued thereon on the ground that
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ORDER ..3.. MA NO.78/2019 @ MA NO.23/2021
plaintiffs have obtained possession of the suit premises on 01.02.2021.
Defendant no.2(a) and 2(b) also stated on affidavit that possession of
the suit flat is handed over to plaintiffs on 01.02.2021.
4. None present for plaintiffs. Heard advocate for defendant
no.2(a) and 2(b) who are legal heirs of defendant no.2.
5. Plaintiffs deposited the amount in the Court. Report dated
05.02.2020 of Dy. Registrar, PLA Section, Accounts Departments, City
Civil Court, Mumbai received stating that plaintiffs have deposited
amount of Rs.52,51,000/- on 09.05.2019 and said amount is invested in
the Union Bank of India, Home Street Bank branch, Mumbai on
10.05.2019.
6. Perused the record. Advocate for plaintiffs remained absent for
hearing since 30.03.2021. In view of above facts and circumstances,
MA No.78/2019 does not survive. Hence MA No.23/2021 is liable to be
allowed. Hence following order.
ORDER
1. MA No.78 of 2019 is disposed of being infructuous.
2. MA No.23 of 2021 is allowed as under :
Registrar Civil is directed to disburse 1/3rd share each out of the
amount of Rs. 52,51,000/- i.e., Rs.17,50,333.33 each together with
proportionate interest accrued thereon to defendant no.2(a) and 2(b)
i.e., Mrs. Aarti Kishor Golani and Mrs. Sejal Patel, and remaining
amount together with proportionate interest accrued thereon to
defendant no.1 i.e., Smt. Hetal Hiten Patel.
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ORDER ..4.. MA NO.78/2019 @ MA NO.23/2021
3. R & P be sent back to the record department.
4. MA No.78 of 2019 and MA No.23 of 2021 stands disposed of
accordingly.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 20.11.2021
Typed on : 20.11.2021
HHJ signed on : 20.11.2021
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ORDER ..5.. MA NO.78/2019 @ MA NO.23/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 20.11.2021, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
20.11.2021
JUDGMENT/ORDER signed by P.O.
on
20.11.2021
JUDGMENT/ORDER uploaded on 20.11.2021
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