Disposed

Ratan Housing Development Limited through Ashok Omprakash Jain v. Shri. Shivaji Sarjerao Pathare and Ors.

Bombay HC10 Apr 2013CAW/539/2013

Case brief

AI extract

What is this about?

The High Court granted an extension of time for the applicant to hand over 15 flats to the court Nazir, accepting an affidavit showing the occupancy certificate was finally obtained. The court also accepted the withdrawal of a separate application by the original plaintiffs under Order XXIX Rule 11 CPC and expedited the hearing of the regular suit.

What did the court decide?

Extension of time to comply with the order dated 24th August 2012 regarding handover of 15 flats until 22nd April 2013; acceptance of withdrawal of Order XXIX Rule 11 CPC application; expedited hearin

Ratan Housing Development Limited through… — Civil Procedure and Limitation | Bombay HC (2013)

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caw-539.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.539 OF 2013 IN WRIT PETITION NO.9779 OF 2011

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Ratan Housing Development Ltd Through its authorized Signatory Shri Ashok Omprakash Jain : Applicant. Versus Shri Shivaji Sarjerao Pathare and ors. : Respondents.

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Mr. Prathamesh Bhargude i/by Mr. Sugandh B Deshmukh for the Applicant. Mr. Ashok B Tajane i/by Mr. R B Jagtap for the Respondent Nos.1 to 6.

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CORAM : R. M. SAVANT, J. DATE : 10^th April 2013

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P.C.

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1 The above Civil Application has been filed seeking extension of time to comply with the Minutes of Order dated 24^th August 2012 in the matter of handing over the 15 flats to the Nazir of the Court of the learned Civil Judge, Senior Division, Pune which was to be done in terms of the said Minutes of Order by 31^st December 2012. The compliance in that respect could not be done in view of the fact that the Applicant could not obtain Occupancy Certificate in respect of the flats to be handed over to the Nazir. The Applicant had however applied for Occupancy Certificate which was pending at the time when the above Civil Application was filed.

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2 The above Civil Application had come up for hearing on 14^th March 2013 on which day a statement was made on behalf of the Applicant that the Completion Certificate would be obtained by 30^th March 2013. This Court had therefore deferred the hearing of the above Civil Application till 2^nd April 2013.

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3 An Affidavit has now been filed on behalf of the Applicant to which Affidavit is annexed the Occupancy Certificate dated 4^th April 2013 which appears to be a part Occupancy Certificate up to the 10^th Floor. However, the flats in question which are to be handed over to the Nazir in terms of the said Minutes of Order dated 24^th August 2012 are covered by the said part Occupancy Certificate. Hence there is now no impediment for the said flats to be handed over to the Nazir of the Court of the learned Civil Judge, Senior Division, Pune. The Applicant would accordingly inform the Trial Court as the matter is coming upon on 12^th April 2013 before it. The Nazir would take over the possession of the 15 flats from the Applicant and the said possession would be subject to the directions which have been issued in the said Minutes of Order dated 24^th August 2012.

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4 In the light of the aforesaid, the time to comply with the Minutes of Order dated 24^th August 2012 in the matter of handing over the said 15 flats is extended up to 22^nd April 2013. The above Civil Application is accordingly

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disposed of. In view of the fact that the Part Occupancy Certificate has been obtained by the Applicant, the learned counsel appearing on behalf of the original Plaintiffs makes a statement that the Application filed by the original Plaintiffs under Order XXIX Rule 11 of the Code of Civil Procedure would be withdrawn . The said statement is accepted. In the facts and circumstances of the case, the hearing of the Regular Civil Suit No.809 of 2007 is expedited.

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[R.M.SAVANT, J]

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Ratan Housing Development Limited through Ashok Omprakash Jain v. Shri. Shivaji Sarjerao Pathare and Ors.

Case brief

What is this about?

What did the court decide?

Ratan Housing Development Limited through Ashok Omprakash Jain v. Shri. Shivaji Sarjerao Pathare and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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