Shri.Nozer Sheriyar Mazda vs. Shri.Gulab Shankar Dangat

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 20 OF 2013 IN CONTEMPT PETITION NO. 288 OF 2008 :­ APPLICANTS :­ RESPONDENTS :- Mr. Agnel Carneivo, i/b. M/s. Mulla and Mulla and CBC for the Applicants. Mr. Pravin Kamble, for Respondent Nos. 2A, 2C to 2E. Mr. Mohan B. Jadhav, for Respondent Nos. 3 to 6B. CORAM : R. M. SAVANT, J. DATED : JUNE 28, 2013 P.C. : Heard Mr. Agnel Carneivo, the learned Counsel appearing on behalf of the Applicants. Issue notice to the heirs of Respondent No. 2B, returnable on 12th July, 2013. In addition to service of notice through Court, the advocate for the Applicants may serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery to the heirs of Respondent No. 2B and shall file affidavit of service before the returnable date. (R. M. SAVANT, J.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 20 OF 2013 IN CONTEMPT PETITION NO. 288 OF 2008 Nozer Sheriyar Mazda and Ors. : Applicants versus Gulab Shankar Dangat and Ors. : Respondents WITH CIVIL APPLICATION NO. 830 OF 2013 IN SECOND APPEAL NO. 803 OF 2001 Mr. Agnel Carneivo, i/b. M/s. Mulla and Mulla and CBC, for the Applicants. Mr. Anup Lahoti, for Respondent Nos. 2(B1) to 2(B3). Mr. Pravin V. Kamble, with Mr. Sharan Patole, for Respondent Nos. 2A to 2E in Second Appeal. Mr. Samrat K. Shinde, i/b. Mr. Tejas Deshpande, for Respondent Nos. 7 and 8. Mr. S. P. Joshi, for Respondent No. 1 in Second Appeal. CORAM : R. M. SAVANT, J. DATED : JULY 19, 2013 P.C. : At the request of Shri. Lahoti appearing on behalf of Respondent Nos. 2(B1) to 2(B3), adjourned to 23rd July, 2013. The parties to note that no further adjournment would be granted. (R. M. SAVANT, J.)

Order - Status 12: can-20-13.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.20 OF 2013 IN CONTEMPT PETITION NO.288 of 2008 Nozer Shriyar Mazda & Ors. : Applicants versus Gulab Shankar Dangat & Ors. : Respondents Mr. Agnel Carneivo i/b Mulla & Mulla CBC for the Applicants Mr. Mohan Jadhav for the Respondent Nos.3 to 6(B) Mr. Pravin Kamble for the Respondent Nos.2A, 2C to 2E Mr. T. D. Deshmukh for the Respondent Nos.7 and 8 CORAM: R M SAVANT, J DATED : 23rd JULY, 2013. P.C. 1 The above Civil Application has been filed for bringing the heirs of the Respondent No.2(B) on record who are the Respondent Nos.2B1 to 2B3. In so far as the said heirs are concerned, they are represented by Mr. Lahoti whose appearance is shown on the cause list. The above Civil Application had appeared on 1972013 when at the request of Mr. Lahoti it was specifically adjourned for today, however today Mr. Lahoti has not appeared though the matter has been called out twice. This Court had made it clear on the last occasion that no further adjournment would be granted. The cause for filing the above Civil Application so as to join the heirs of the Respondent No.2(B) as party Respondent is to facilitate the execution of the cancellation deed for cancelling the sale deed dated 217 2006. The Respondent No.2(A) to 2(E) have executed the sale deed dated 2162006 in favour of the Respondent Nos.7 and 8 which according to the Petitioners in the above Contempt Petition is in breach and violation of the order dated 2812002 passed in the above Second Appeal, by which order the parties were directed not to create third party rights in respect of the suit property. When the above Contempt Petition had come up before a Learned Single Judge of this Court on 2642013, the Learned Judge was informed by the parties that the Respondent Nos.2(A) to 2(E) would execute a cancellation deed cancelling the said sale deed dated 2172006, the order passed on the said day discloses that a draft of the cancellation deed was also produced before the Court. Since the Respondent No.2(B) has expired after the said sale deed was executed, the cancellation deed cannot be effectively executed without bringing the heirs of the Respondent No.2(B) on record. As indicated above inspite of the matter being adjourned at the request of Mr. Lahoti, no appearance is put up for the heirs today. The Civil Application is accordingly allowed, resultantly the heirs of the Respondent No.2(B) i.e. Respondent No.2B1, 2B2 and 2B3 are allowed to be brought on record of the Contempt Petition. Amendment can-20-13.sxw to be carried out within one week. Amended copy to be served on the concerned Advocates. The Civil Application is accordingly disposed of. 2 The parties have also agreed to cancel the partition deed between the Respondent No.1 and Respondent No.2(A) to 2(E), it seems that an undertaking to that effect was given before this Court which has been recorded in the order dated 2232013. 3 Since the impediment of the heirs of the Respondent No.2(B) being not on record has now been removed. It is expected of the parties that they would execute the deed of cancellation of the sale deed as well as the deed of cancellation of the unregistered partition deed within one week of the time elapsing for carrying out the amendment, and report to this Court on the next date. The Contempt Petition is adjourned to 13th August, 2013. (R M SAVANT, J)