Court allowed Notice of Motion seeking directions for transfer of suit property in specific performance suit executed via consent decree. Defendants consented to transfer after receiving full consideration. No costs awarded.
Directions granted for transfer of suit property in pursuance of consent decree; no order as to costs.
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nms 298-2014.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 298 OF 2014 IN SUIT NO. 1042 OF 2011
M/s.Royal Developers …Plaintiffs / Applicants vs. Yacoob Hashim Moolla & Ors. ...Defendants
Ms.Nita Solanki i/b. M/s.Kiran Jain & Co. for Plaintiffs. Mr.Kunal Bhanage for Defendant Nos.1 and 2.
CORAM : S.C. GUPTE, J.
11 SEPTEMBER 2014
P.C. :
This is a Notice of Motion seeking certain directions against the Defendants concerning transfer of the suit property. The suit is for specific performance of an agreement between the parties.
2 By Consent Terms dated 2 August 2011, the suit has been decreed. In pursuance of the decree, the Defendants have received the entire consideration and have no objection to the Notice of Motion being allowed. The Defendants have no objection to the property being transferred in pursuance of the Consent Decree.
3 Accordingly, the Notice of Motion is allowed in terms of prayer clause (a). There shall be no order as to costs.
(S.C. Gupte, J.)
1 issue framed by the court
Whether the application for directions regarding transfer of suit property under a consent decree should be allowed.
M/s. Royal Developers
Yacoob Hashim Moolla
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
