Execution applications by judgment creditors under consent decrees sought dispensation of sealing of the decrees. Noting the creditors, tenants, had been out of their homes since 2010 without compensation, the court dispensed with sealing and permitted execution to proceed, signing the Judge's Orders.
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12 to 17-corrected.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
JUDGE’S ORDER NO. 112 OF 2024 IN
EXECUTION APPLICATION (L) NO. 33725 OF 2022
Sunanda R. Shetty
...Applicant
V/s.
Zahra Developers and Ors.
...Respondents
WITH JUDGE’S ORDER NO. 113 OF 2024
IN
EXECUTION APPLICATION (L) NO. 33745 OF 2022 WITH JUDGE’S ORDER NO. 114 OF 2024 IN
EXECUTION APPLICATION (L) NO. 33752 OF 2022
WITH JUDGE’S ORDER NO. 115 OF 2024
IN
EXECUTION APPLICATION (L) NO. 33700 OF 2022
WITH JUDGE’S ORDER NO. 116 OF 2024
IN
EXECUTION APPLICATION (L) NO. 33689 OF 2022
WITH
JUDGE’S ORDER (L) NO. 25275 OF 2024 IN EXECUTION APPLICATION (L) NO. 33730 OF 2022
Ms. Fatema Tankiwala i/b LJ Law for Applicants in all Judge’s Order.
CORAM : ABHAY AHUJA, J. DATE : 26th SEPTEMBER, 2024
P.C. :
1. Pursuant to the earlier order of this Court, today when the
matters are called out, Ms. Tankiwala, learned Counsel appears for the
This order is corrected as per speaking to minutes of the order dated 1st October, 2024. Nikita Gadgil 1/3
12 to 17-corrected.doc
Judgment Creditors / Original Plaintiffs and submits that as directed by this Court, the Judge’s Orders along with supporting affidavits have been served and seeks to tender across the bar a copy of the affidavit of service dated 12th September, 2024, submitting that the packets have been delivered and that the original of the affidavit of service has already been filed online.
the Court or the Judge in Chambers may for good cause, allow execution to issue before the sealing of decree or order.
This order is corrected as per speaking to minutes of the order dated 1st October, 2024. Nikita Gadgil 2/3
12 to 17-corrected.doc
That the Claimants/ Judgment Creditors have been out of their homes since December, 2010 and have also not received their compensation for temporary accommodation. Therefore, in order not to further delay the entitlement of the Judgment Creditors of their fruits of the consent decree, this Court is of the view that the sealing of the consent decree be dispensed with and the execution of the consent decree to proceed.
(ABHAY AHUJA, J.)
NIKITA YOGESH GADGIL
Digitally signed by NIKITA YOGESH GADGIL Date: 2024.10.01 18:58:19 +0530
This order is corrected as per speaking to minutes of the order dated 1st October, 2024. Nikita Gadgil 3/3
1 issue framed by the court
Whether execution of consent decrees may issue before sealing of the decree under Rule 314 of the Bombay High Court (Original Side) Rules?
1 provisions across 1 enactments
Sunanda R. Shetty
Zahra Developers and Ors.
Abhay Ahuja
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
