In a conveyance dispute, the court considered an application for the handover of title deeds where prior litigation regarding possession had concluded.
Directing the Respondent Bank to hand over original title deeds and issue a no dues certificate to the purchasers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 194 FO 2018 IN WRIT PETITION (L) NO. 340 OF 2018
Mr.Kantibhai Balubhai Waghela and anr. .. Applicants
In the matter between
Mr.Ashok Vithoba Chavan and ors. .. Petitioners Vs.
NKGSB Co-operative Bank Limited and ors. .. Respondents
Ms.Roshni Naik a/w Mr.Mayur Kadam, for the Petitioners. Mr.B.S.Shukla, for Applicants /Respondents.
CORAM : A.A.SAYED & M.S.KARNIK, JJ. DATE : 25th JULY 2018
P.C. :
. The Writ Petition (L) No. 340 of 2018 is already
disposed of vide order dated 02/02/2018.
of the flat in question has been handed over to Purchasers -
Respondents No.2 & 3 on 21/05/2018. In the circumstances,
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prayer clause a(i) of the Notice of Motion, which is taken out by the Purchasers – Respondents No.2 & 3 is already worked out.
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any monetary claim against the Purchasers - Respondents No 2 & 3, it will be open for them to file appropriate proceedings since it is not possible for this Court to adjudicate upon this disputed question of facts.
Respondents No.2 & 3 is allowed in terms of prayer clause (a) (ii) which reads as under :
“directing the Respondent No.1 to issue no dues certificate and also hand over original title deed deposited with them in respect of said flat, viz.Flat No. D-302, 3rd floor, Nirmal CHS Ltd., Western Express Highway, Opp.Gulfam Hotel, Dahisar (East), Mumbai400 068, to the Applicants.”
So far as prayer clause a(i) is concerned the same has already been worked out as recorded earlier.
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(M.S.KARNIK, J.)
(A.A.SAYED, J.)
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1 issue framed by the court
Whether applicants are entitled to title deeds and no dues certificate after payment of consideration
Mr.Kantibhai Balubhai Waghela and anr.
Mr.Ashok Vithoba Chavan and ors.
NKGSB Co-operative Bank Limited and ors.
A.A.SAYED
M.S.KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
