Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. Notice of Motion No.3324/2019
MHCC010090502019
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO. 3324 OF 2019
(CNR NO.MHCC01-009050-2019)
(FOR INTERVENTION)
IN
EXECUTION APPLICATION NO.535 OF 2017
IN
SUMMARY SUIT NO. 1339 OF 2015 (DISPOSED OF)
Nensey Offset Pvt. Ltd., )...Applicant
IN THE MATTER BETWEEN
Mrs. Kavita Mansinh Singh )...Plaintiff/ Decreeholder
Versus
Mrs. Mayur Builders & Developers )
and others )...Defendants /Judgment
Debtors
Appearance :-
Learned Advocate Kaustubh Thipsay for applicant.
Learned Advocate Manish Rai for decreeholder/plaintiff.
None for judgment debtors/defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 08/08/2024.
-- 1 of 4 --
..2.. Notice of Motion No.3324/2019
O R D E R
1 This notice of motion is taken out by Applicant for
implication of applicant as a party to the execution proceeding under
Order I, Rule 10(2) of Code of Civil Procedure. It is contended by the
applicant that they have no concern with the decree passed in Summary
Suit No.1339 of 2015 and for which execution application No.535 of
2017 is filed. It is contended by the applicant that they are neither
defendants nor having concern with the directions given in the decree.
However, the flat pertaining to the applicant has been attached in
execution of decree, therefore, they are necessary party in execution
proceeding, to raise their objection.
2 Decreeholder/plaintiff appeared and filed reply in response
to the notice of motion and resisted its contention contending that the
applicant has filed false petition having no concern. It is contended that
the meeting regarding purchase of flat in question and payment of
amount was made in the premises of the building which is attached by
the Court in execution of decree. It is further pointed out that one of the
defendant stood as witness to the agreement of purchase of the suit
property which is attached. The decreeholder is not disputing that the
property stood in the name of applicant, however, contending that in
view of transaction in question is made in the premises which the Court
has rightly attached and the applicant is not a necessary party to the
execution application.
3 Heard rival parties at length.
-- 2 of 4 --
..3.. Notice of Motion No.3324/2019
4 It is not disputed that the applicant was neither party to the
suit nor a party to the execution proceeding, even though the flat
belongs to the title of applicant has been attached. Thus, the applicant
is at liberty to raise objection as per the Order XXI Rule 58 of Code of
Civil Procedure. It is not necessary party to the execution proceeding.
Therefore, I am of the view that the notice of motion for addition of
party is not necessary. Applicant is well in position to raise objection by
filing notice of motion. During the pendency of this notice of motion,
applicant has already taken another notice of motion bearing No.356 of
2024 for release of attachment which is simultaneously heard.
Therefore, this notice of motion does not survive. Consequently, I
proceed to pass following order :-
ORDER
1. Notice of Motion No.3324 of 2019 in Execution
Application No.535 of 2017, is hereby rejected.
2. Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 08/08/2024. Court Room No.84
Dictated on : 08/08/2024.
Transcribed on : 09/08/2024.
Signed by HHJ on : 09/08/2024.
-- 3 of 4 --
..4.. Notice of Motion No.3324/2019
“Certified to be true and correct copy of the original signed order”.
12/08/2024
at about 4.25 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 08/08/2024
Order signed by Hon'ble Judge on : 09/08/2024
Order uploaded on : 12/08/2024
at about 4.25 p.m.
-- 4 of 4 --