Sadanand Annappa Shetty vs. Susheela Shama Shetty -Deceased- Usha Bharat Shetty

Order - Status 8: THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 OfficeNotes,Office Memoranda of Coram,appearances,Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.A.A.Kumbhakoni i/by Mr.Mohan D. Naik for the appellant. Mr.Ajit Karawande for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 30TH MARCH, 2010 P.C.: 1. In view of the various properties involved, which are the bone of contentions between the appellant and the respondent, parties agree that they will explore the possibility of a settlement. They, therefore, seek an adjournment. S. O. for two weeks. .....

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010 a/w CIVIL APPLICATION 557 OF 2010 IN FIRST APPEAL NO.250 OF 2010 Sadanand Annappa Shetty ... Appellant V/s. Susheela Shama Shetty & Ors. ... Respondents Mr.M.D. Naik for Appellant Mr.Ajit Karawande for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MAY 4, 2010 P.C.: Appeal admitted. CIVIL APPLICATION 557 OF 2010:- The civil application has been filed for various reliefs. After hearing the application, in my opinion, since the Court Receiver has already been appointed in the matter by the City Civil Court at the interim stage, he will continue during the pendency of the appeal. The appellant and the respondent vss may bid for being appointed as agent of the Court Receiver in respect of the Bharat Coffee House. The Court Receiver shall appoint the highest bidder amongst the appellant and the Respondents as agent to run the hotel on the usual terms and conditions. The agency agreement will be executed by the highest bidder within eight weeks after the bidding is completed. Civil application is disposed of accordingly.

Order - Status 12: Digitally signed by VARSHA DEEPAK GAIKWAD Date: 2024.04.12 10:03:53 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty Appellant V/s. Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Ms. Sonal Dabholkar, for the appellant. Mr. Ajit Karawande, for the respondent. Mrs. S.S. Chipkar, Master (Adm) office of the Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 10TH APRIL 2024. PC: The amendment as per earlier order dated 5th August 2022 is still not carried out in Civil Application No. 847 of 2011, Civil Application No. 1748 of 2022 and Civil Application No. 2263 of 2019 in First Appeal No. 250 of 2010. Learned advocate for the 64-FA-250-2010.doc varsha 2 of 3 appellant/applicant is directed to carry out necessary amendments within two weeks from today. Learned advocate for the appellant/applicant to also carry out necessary amendments in Civil Application No. 3575 of 2017, Civil Application No. 577 of 20190 and in Writ Petition No. 984 of 2013, if necessary, within two weeks from today. Stand over to 24th April 2024. The appellant to execute draft copy of agency agreement before the Court Receiver and to clear the outstanding as of today. (KISHORE C. SANT, J)

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty ... Appellant V/s. VARSHA DEEPAK GAIKWAD Digitally signed by VARSHA DEEPAK GAIKWAD Date: 2024.04.25 10:21:23 +0530 Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Mr. Rajesh Kachare i/by Ms. Sonal Dabholkar, for the appellants. Mr. Ajit Karawande, for the respondent. Mrs. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 24TH APRIL 2024. PC: INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010. This application is taken praying for stay to the execution, operation and implementation of order / decision of the Court Receiver OSD dated 7.5.2022 for taking possession of the suit premises. This Court has heard the parties. Let the Court Receiver execute an agreement with respondent no. 1a i.e. Sachin Shetty in the format prepared by the Court Receiver on or before 2nd May 2024. Parties are at liberty to agitate all the contentions at the stage of final hearing of the appeal including charges to be paid to the Court Receiver, if any. Needless to say that the appellant to clear all the arrears till April 2024 as per the Court Receiver's Report. It is further clarified that if penalty is there then the appellant to pay the penalty of Rs. 53,000/ tentatively as per the Court Receiver's Report. Court Receiver to give the exact calculations before the two days of execution of agreement. Appellant is at liberty in case required to change the electrification and colouring of the premises. (KISHORE C. SANT, J)

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 WITH INTERIM APPLICATION NO. 1748 OF 2022 WITH INTERIM APPLICATION NO. 13121 OF 2023 Sudanand Annappa Shetty ... Appellant V/s. Susheela Shama Shetty-Deceased Usha Bharat Shetty … Respondent WITH INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010 Sudanand Annappa Shetty ... Appellant V/s. Usha Bharat Shetty … Respondent WITH CIVIL APPLICATION NO. 577 OF 2013 IN FIRST APPEAL NO. 250 OF 2010 Susheela Shama Shetty-Deceased Usha Bharat Shetty ... Appellant V/s. Sudanand Annappa Shetty … Respondent WITH CIVIL APPLICATION NO. 3575 OF 2017 WITH CIVIL APPLICATION NO. 847 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Usha Bharat Shetty Appellant V/s. Sudanand Annappa Shetty … Respondent WITH WRIT PETITION NO. 984 OF 2013 WITH INTERIM APPLICATION (ST) NO. 12567 OF 2023 ------------------- Sudanand Annappa Shetty … Respondent V/s. Usha Bharat Shetty Appellant Mr. Rajesh Kachare i/by Ms. Sonal Dabholkar, for the appellants. Mr. Ajit Karawande, for the respondent. Mrs. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : KISHORE C. SANT, J. DATE : 24TH APRIL 2024. PC: INTERIM APPLICATION NO. 10471 OF 2022 IN FIRST APPEAL NO. 250 OF 2010. This application is taken praying for stay to the execution, operation and implementation of order / decision of the Court Receiver OSD dated 7.5.2022 for taking possession of the suit premises. This Court has heard the parties. Let the Court Receiver execute an agreement with Appellant no. 1a i.e. Sachin Shetty in the format prepared by the Court Receiver on or before 2nd May 2024. Parties are at liberty to agitate all the contentions at the stage of final hearing of the appeal including charges to be paid to the Court Receiver, if any. Needless to say that the appellant to clear all the arrears till April 2024 as per the Court Receiver's Report. It is further clarified that if penalty is there then the appellant to pay the penalty of Rs. 53,000/ tentatively as per the Court Receiver's Report. Court Receiver to give the exact calculations before the two days of execution of agreement. Appellant is at liberty in case required to change the electrification and colouring of the premises. (KISHORE C. SANT, J)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010 WITH INTERIM APPLICATION NO.1748 OF 2022 WITH INTERIM APPLICATION NO.13121 OF 2023 Sudanand Annappa Shetty : Appellant Vs. Susheela Shama Shetty-Deceased Usha Bharat Shetty : Respondent WITH INTERIM APPLICATION NO.10471 of 2022 IN FIRST APPEAL NO.250 OF 2010 Sudanand Annappa Shetty : Appellant Vs. Usha Bharat Shetty : Respondent WITH INTERIM APPLICATION NO.577 OF 2013 IN FIRST APPEAL NO.250 OF 2010 Shusheela Shama Shetty-Deceased Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent WITH CIVIL APPLICATION NO.3575 OF 2017 WITH CIVIL APPLICATION NO.847 OF 2011 IN FIRST APPEAL NO.250 OF 2010 Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent WITH WRIT PETITION NO.984 OF 2013 WITH INTERIM APPLICATION (ST) NO.12567 OF 2023 Usha Bharat Shetty : Appellant Vs. Sudanand Annappa Shetty : Respondent Adv. Sonal Dabholkar, for the Appellants. CORAM : KISHORE C. SANT, J. DATE : 26TH APRIL, 2024 P.C. : The praecipe is moved for speaking to the minutes of the order dated 24th April, 2024. It is submitted that in paragraph No.4, 2nd line the word "Respondent No.1a" be substituted by the word "Appellant No.1a". The order dated 24th April, 2024 stands corrected accordingly & fresh order be uploaded. (KISHORE C. SANT, J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010. Sadanand Annappa Shetty ...Appellant. Versus Susheela Shama Shetty - Deceased-Usha Bharat Shetty ...Respondent. —————— Mr. Rajesh Kachare i/b Ms. Sonal Dabholkar for the appellant. Mr. Manoj Patil, ASO, Court Receiver, High Court Bombay. Coram : Sharmila U. Deshmukh, J. Date : 1st July, 2024. —————— P. C. : 1. Learned counsel for the appellant tenders an undertaking of the appellant pursuant to the agency agreement which was executed with the Office of the Court Receiver. The same is taken on record. 2. At the request of learned counsel for the appellant, to be listed on the final hearing board of 25th July, 2024 under the caption "Supreme Court Expedited Matters". 3. Parties to ensure that private paper book is filed before the next date. [Sharmila U. Deshmukh, J.]

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 250 OF 2010 Sadanand Annappa Shetty ....APPELLANT V/S Susheela Shama Shetty -deceased- Usha Bharat Shetty ....RESPONDENT WITH INTERIM APPLICATION NO. 1748 OF 2022 In First Appeal 250 OF 2010 Sadanand Annappa Shetty ....PETITIONER V/S Susheela Shama Shetty (deceased) Through Lrs. Smt. Usha Bharat Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 847 OF 2011 In First Appeal 250 OF 2010 Usha Bharat Shetty ....APPLICANT V/S Sadanand Annappa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 3575 OF 2017 In First Appeal 250 OF 2010 Miss. Usha Bharat Shetty ....APPLICANT V/S Shri. Sadanand Annapa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 577 OF 2013 In First Appeal 250 OF 2010 Susheela Shama Shetty -deceased- Usha Bharat Shetty ....APPLICANT V/S Sadanand Annappa Shetty ....RESPONDENT WITH CIVIL APPLICATION IN FA NO. 2263 OF 2019 In First Appeal 250 OF 2010 Miss. Usha Bharat Shetty W/o. Bharat Shetty ....APPLICANT V/S Shri. Sadanand Annapa Shetty Lrs.(brother In Law) Under The Will Of Shama S.shetty-dead And Anr. ....RESPONDENT WITH INTERIM APPLICATION NO. 10471 OF 2022 In First Appeal 250 OF 2010 Shri. Sadanand Annappa Shetty ....PETITIONER V/S Smt. Usha Bharat Shetty ....RESPONDENT Mr Rajesh Kachare, for Appellant Mr Girish Karwande i/b Ajit S Karwande, Adv for Respondent CORAM : HON'BLE JUSTICE SHARMILA U. DESHMUKH J DATE : 25th July, 2024 P.C. : S. O. to 08/08/2024 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: 204fa250-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 ————— Sadanand Annappa Shetty ... Appellant. Versus Susheela Shama Shetty - Deceased- Usha Bharat Shetty ... Respondent. Mr. Rajesh Kachare i/by Ms.Sonal Dabholkar for the Appellant. Mr. S.B. Shenoy i/by Mr. Ajit S. Karwande, for the Respondent. Ms. S.S. Chipkar, Master (Admn), Court Receiver Office. ————— Coram : Sharmila U. Deshmukh, J. Date : August 08, 2024 P. C. : 1. Learned counsel for the Appellant tenders a compilation of documents. The same is taken on record. Mr.Shenoy, learned Advocate appears and submits that the Advocate for the Respondent has suffered a fracture and is unable to attend the Court. 2. List the Appeal on 29th August, 2024. [Sharmila U. Deshmukh, J.]

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.250 OF 2010. —————— —————— Sadanand Annappa Shetty ...Appellant. Versus Susheela Shama Shetty-deceased -Usha Bharat ...Respondent. Mr. Rajesh Kachare for the Appellant. None for the respondent. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. Coram : Sharmila U. Deshmukh, J. Date : 29th August, 2024. P. C. : 1. Learned counsel for the Appellant submits that there is Testamentary Suit No.41/2003 as well as connected Probate Petition which is pending for consideration. He would further submit that proceedings in the present First Appeal arise out of decree passed in Suit No.7334/1990 which was filed for a declaration that the consent decree passed in S. C. Suit No.4107/1985 is null and void and consequently not executable. He submits that the said Suit was on the basis that subsequently Will has been executed which renders the Consent Terms null and void. He therefore submits that unless probate proceedings are decided, the First Appeal may not be taken up for hearing. He would further point out that the Apex Court was not informed of the pending proceedings and the Apex Court has directed the Appeal to be decided expeditiously. 2. Learned counsel for the Appellant submits that in view thereof present appeal cannot be taken up for final hearing. 3. In light of the above, list Interim Applications taken out in the First Appeal on 25th September 2024. [Sharmila U. Deshmukh, J.]

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010 —————— Sadanand Annappa Shettey Since deceased Thr. L.Rs. ...Appellant. Versus Smt. Sushila Shama Shetty Deleted since deceased and Others. ...Respondents. Mr. Rajesh Kachare i/b Sonal Dabholkar for the Appellant. S. B. Shenoy and A. S. Karwande for the Respondent. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. —————— Coram : Sharmila U. Deshmukh, J. Date : September 25, 2024. P. C. : 1. List the First Appeal on final hearing board of 17th October 2024 . [Sharmila U. Deshmukh, J.]

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 250 OF 2010. Sadanand Annappa Shetty Since Deceased Thr Lrs. ...Appellant. Versus —————— Susheela Shama Shetty Deleted since deceased & Ors. ...Respondent. Mr. Rajesh Kachare i/b Sonal Dabholkar for the Appellant. None for the Respondent. Mr. Manoj S. Patil, Assistant Section Officer, Court Receiver Office High Court of Bombay. —————— Coram : Sharmila U. Deshmukh, J. Date : October 17, 2024. P. C. : 1. Learned Counsel appearing for the Appellant submits that the present Appeal arises out of the dismissal of the suit which was filed by the Appellant for declaration that the consent decree has became inexecutable by reason of the Will executed by Shama Shetty in favour of the present Appellant. He further submits that the proceedings seeking Letters of Administration with Will annexed being Testamentary Petition No. 1092 of 2009, which is converted into Testamentary Suit No. 32 of 2015, is pending adjudication as also the probate of Will of Sushila who is the wife of Shama Shetty being Testamentary Petition No. 708 of 2002 converted it Testamentary Suit No. 41 of 2003, is pending adjudication. He submits that as the cause of action for filing of the suit was based on the execution of the Will in favour of the Appellant, the outcome of the Testamentary proceedings will have an impact of present proceedings. 2. In view of the above, remove from the Final Hearing Board. [Sharmila U. Deshmukh, J.]