Allowed

United India Constructionco. and Anr. v. Mr.Harjotsingh Sukhdev Singh Lamba and Ors.

Bombay HC16 Aug 2013NMS/2528/2012

Case brief

AI extract

What is this about?

This notice of motion seeks permission for the first plaintiff to acquire the second plaintiff's 50% share in suit property with the latter's consent. The court granted permission subject to execution of documents and payment of charges.

What did the court decide?

Permission granted to acquire the second plaintiff's 50% undivided share in the suit property in favour of the first plaintiff on execution of documents.

United India Constructionco. and Anr. Vs Mr.Harjotsingh Sukhdev… — Partition | Bombay HC (2013)

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NMS 2528-12.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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 NOTICE OF MOTION NO.2528 OF 2012
IN

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 SUIT NO.484 OF 1995

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United India Construction Company.Applicant
(Regd.)

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In the matter between

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United India Construction Company.Plaintiffs
(Regd.) & anr.

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 V/s.

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Manjitsingh Sukhdevsingh Lamba.Defendants
& ors

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Ms Jayshree Surati i/b. M/s. S. Ashwinikumar &
Co., Advocate, for the Plaintiffs
None for the Defendants

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CORAM:R.D.DHANUKA, J.
DATE:16TH AUGUST, 2013

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P.C.

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.By this Notice of Motion filed by the

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plaintiff No.1, it is prayed that the first
plaintiff be permitted to acquire the second

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plaintiff's 50% undivided share, right, title,

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interest, claim, benefit & advantage in the

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suit property. Reliance is placed on the

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Page 1 of 3

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NMS 2528-12.odt

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concerned Affidavit filed by the plaintiff No.2
on 27th November, 2012. By the said Affidavit,
the plaintiff No.2 has recorded his consent
and no objection. If permission is granted in
favour of the first plaintiff to have 100%
ownership of the suit property, there is no
prejudice to the defendants as transfer between
the plaintiffs does not affect the defendants'

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rights. It is stated that permission is
necessitated in view of this Court having
appointed Court Receiver and once permission
is granted, appropriate Chamber Summons would
be filed for deletion of name of the second
plaintiff.

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2.None appeared for the defendants

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though served. On consideration of the
Affidavit filed by the plaintiff No.2,
permission is granted to acquire the second
plaintiff's 50% undivided share, right, title,
interest claim, benefit & advantage in the
suit property in favour of the first plaintiff.
Such transfer, however, shall be on execution

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Page 2 of 3

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NMS 2528-12.odt

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of the appropriate documents, on payment of
stamp duty and registration charges, if any.
Notice of motion is accordingly made absolute
in the aforesaid terms. No order as to costs.

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(R.D.DHANUKA, J.)

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Page 3 of 3

United India Constructionco. and Anr. v. Mr.Harjotsingh Sukhdev Singh Lamba and Ors.

Case brief

What is this about?

What did the court decide?

United India Constructionco. and Anr. v. Mr.Harjotsingh Sukhdev Singh Lamba and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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