Disposed

Salim/Aziz/Yasin/Zubair/Mumtaz Dawood Agboatwala and Ors. v. Bai Fatimabai W/O.Hajee Ali Mohamed Haji Cassume Mother of Deceased Suleman Haji Ali Mhd.Haji Cass

Bombay HC2 Aug 2012APP/435/2012

Case brief

AI extract

What is this about?

1. The appeal against the order directing the Court Receiver to execute a conveyance deed in favour of an auction purchaser was heard. 2. The Court Receiver submitted that certain legal issues required examination before execution of the deed can take place. 3. This appeal was disposed of with liberty to the Court Receiver to submit a report to the trial Court within one month and seek further directions before executing any conveyance deed regarding the lands involved in Chamber Summons No.664 of 2012.

What the court decided

AI extract

Salim/Aziz/Yasin/Zubair/Mumtaz Dawood Agboatwala and Ors. Vs Bai… — Partition | Bombay HC (2012)

gopi

app-lodg-530-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

¶5

ORDINARY ORIGINAL CIVIL JURISDICTION

¶6

APPEAL LODGING NO.530 OF 2012 IN

¶7

CHAMBER SUMMONS NO.664 OF 2012 IN SUIT NO.3415 OF 1947

¶8

Salim Dawood Agboatwala & Ors.. ...Appellants Versus

¶9

Bai Fatmabai widow of Hajee Ali Mohamed Haji Cassume & Ors.

¶10

..Respondents.

¶11

Mr. D.D.Madon with Mr. Cyrus Barucha Mr. Anupam Surve with Nimish Kothare, Ms. Sanju Udayabhan, Anup Lahoti Nanu Hormasjee & Co., for the appellants.

¶12

Mr. Mukesh M. Vashi for respondent No.14.

¶13

Mr. Sharon Rodrigues i/b. Dhiren Shah for respondent Nos.9 to 12.

¶14

CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J.

¶15

DATE : 02 August 2012.

¶16

P.C.

¶17

This appeal is directed against the order dated 13 July 2012 of the learned trial Judge of this Court by which the Court Receiver has been directed to execute conveyance in favour of the auction purchaser by the order dated 29 July 1970 of the trial Court. While disposing of the Chamber Summons in terms of the above direction, the learned trial Judge has also clarified that the Court Receiver shall not convey any survey number or any part of the property which was not the subject matter of the auction sale.

1/2

gopi 2

app-lodg-530-12

At the hearing of the appeal today, the Court Receiver submits that before the conveyance deed is executed as prayed for by the plaintiffs, petitioners in the Chamber Summons No.664 of 2012, there are certain legal issues which are required to be examined.

¶22

In view of the above, we dispose of this appeal with liberty to the Court Receiver to submit report/s to the trial Court and to seek appropriate directions before executing any conveyance deed.

¶23

The Court Receiver shall accordingly submit the report to the trial Court in respect of the lands for which the applicants have taken out Chamber Summons No.664 of 2012 within one month from today.

¶24

Appeal stands disposed of.

¶25

Parties to act on an ordinary copy of this order duly authenticated by the Associate of this Court.

¶26

CHIEF JUSTICE

¶27

(N.M. JAMDAR, J.)

¶28

2/2

Salim/Aziz/Yasin/Zubair/Mumtaz Dawood Agboatwala and Ors. v. Bai Fatimabai W/O.Hajee Ali Mohamed Haji Cassume Mother of Deceased Suleman Haji Ali Mhd.Haji Cass

Case brief

What is this about?

What the court decided

Salim/Aziz/Yasin/Zubair/Mumtaz Dawood Agboatwala and Ors. v. Bai Fatimabai W/O.Hajee Ali Mohamed Haji Cassume Mother of Deceased Suleman Haji Ali Mhd.Haji Cass

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Reynold Shirting Ltd. Vs Nahid Hafeez Qureshi Patrawala

Mohinder Kaur Kochar, Vs Mayfair Housing Private Ltd.

Mr. Ashok Shinde and Ors. Vs Mr. K. v. J. Roa and Ors.

Iol Netcom Ltd. Vs Reach Network P.Ltd., and Anr.

Sadanand Annappa Shetty Vs Hiralal Manilal Thakkar

Kashinath Lalta Tiwari, Dilip Lalta Tiwari and Bipin Kashinath Tiwari. Vs Subhash Jarda Tiwari and 3 Ors.