Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.1814/19 1 Suit No.5111/88
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1814/2019
(CNR No.MHCC010103082019)
IN
EXECUTION APPLICATION NO.454/2011
IN
S.C SUIT NO.5111/1988
Tulsi Villa Coop. Hsg. Society Ltd. ..Decree holder
V/s.
1. Shamanik Estate Builders
2. Syamsunder Tarachand Advani. …Judgment debtors.
Appearance :
Adv. Mr. Kamlesh Mali for Decree holder.
None present for judgment debtors.
CORAM : HHJ Shri V.V Vidwans
C. R. No.03
DATE : 26.11.2019.
ORAL ORDER
1. This chamber Summons (C/S) is taken out by decree
holder as a part of process of execution of decree. Decree holder has
prayed for order and directions of the court authorizing court officer or
any other person competent to execute conveyance in favour of the
decree holder as per prayer clause (c) of the judgment and decree dated
31.3.2001. The decree holder has filed draft deed of conveyance on
record alongwith C/S. The C/S is supported by an affidavit of decree
holder i.e. Chairman of Tulsi Villa CHS Ltd – Mr. Vilas Murji.
2. I have perused the execution proceeding and judgment and
decree passed by the court which is sought to be executed in the present
execution application. It can be seen from the Roznama that, the
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C/S No.1814/19 2 Suit No.5111/88
judgment debtor was sought to be served the execution proceeding as
per affidavit of service but envelope containing the notice returned
unserved with endorsement 'left and not known'. Therefore, this court
had directed service of notice to the judgment debtor by substituted
service by paper publication. Accordingly, paper publication has been
made in two newspapers as per affidavit of service and annexures filed
on record and said substituted service has been accepted by the court as
per order dated 17.1.2019. The decree holder has filed present C/S as
per order and directions passed by this court on 17.6.2019, seeking
assistance from the court for getting execution of the conveyance deed
in its favour.
3. In view of the pleadings and prayers in the Motion,
supported by an affidavit of decree holder through its chairman, it is
seen that, the plaintiff's claim in the suit was decreed as per prayer
clause (a),(b),(c) and (g). Out of the above prayer clauses, prayer
clause (c) related to the execution of conveyance by the defendant and
if the defendant fails to execute the said conveyance in favour of the
decree holder, then direction were sought for appointment of court
officer or any person competent to execute the conveyance in favour of
the decree holder, vide judgment and decree dated 31.3.2001. Above
said relief was granted in favour of the decree holder and thereafter no
appeal was preferred and the judgment and decree has become final
and binding on the defendant. The Judgment debtor has been served
with the notice by substituted service publication, but he remained
absent and hence, in that sense the execution proceeding has proceeded
exparte against the judgment debtor.
4. Under the above circumstances, I see that, there is no legal
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C/S No.1814/19 3 Suit No.5111/88
impediment in providing necessary assistance through the court to the
decree holder by appointing an officer of the court to execute the
conveyance as per orders and directions of the court. Hence, I proceed
to pass following order:
ORDER
1. Chamber Summons No. 1814/2019 is hereby allowed
and made absolute in terms of prayer clauses (a) and
(b).
2. The Registrar of this Court or any Court Officer
authorized by him is hereby appointed as competent
person on behalf of the Court to execute the
conveyance in favour of the decree holder as per
prayer clause (c) of the judgment and decree passed in
Suit No. 5111/1988 dated 31.01.2001.
3. The Registrar or any other officer of the Court
authorized by him is hereby directed to use draft of
deed of conveyance duly authenticated and approved
by the Decree Holder as authentic draft Deed of
Conveyance to be used in execution of the Conveyance
Deed and take all necessary steps to get the
Conveyance Deed executed and registered in favour of
the decree holder.
4. The Registrar of this court is directed that wherever
necessary, orders and directions may be obtained from
this Court in completing the process of execution of
conveyance deed and get it registered in favour of the
decree holder.
5. The Registrar of this Court is directed to report
compliance of the above order and directions of the
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C/S No.1814/19 4 Suit No.5111/88
Court from time to time and progress report be
submitted.
C/S stands disposed of accordingly.
(V.V. Vidwans)
Judge, City Civil Court,
Date: 26.11.2019 Gr. Bombay (C.R. 03)
Dictated on : 26.11.2019
Typed on : 27.11.2019
Signed by HHJ on : 28.11.12019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 29.11.19
TIME: 12.02 pm (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R. 03)
Date of pronouncement of Judgment/ Order 26.11.19
Judgment/ order signed by P.O on 28.11.19
Judgment/ order uploaded on 29.11.19
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