Harsharansingh Pratapsingh Gujral And 25 ORS v. Lokhandwala Builders Limited And 2 ORS

51-CHS697-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 697 OF 2017 IN EXECUTION APPLICATION (L) NO. 1885 OF 2016 IN SUIT NO. 3513 OF 1995 Harsharansingh Pratapsing H Gujral & Ors ...Applicants

Versus

Lokhandwala Builders Ltd & Ors

...Respondents

Ms Shivani Shah, I/b Jhangiani Narula & Associates, for the Applicant.

CORAM: G.S. PATEL, J DATED:

2nd July 2018 PC:- 1.

Heard. The Applicant seeks to set aside an order of 25th January 2017 which gave time till 1st March 2017 to remove objections under Rule 86 of the Bombay High Court (Original Side) Rules conditionally rejecting the Execution Application. It seems two objections were raised. The first was that in Column "J" of the Execution Application, the property was insufficiently and inaccurately described. I do not pretend to understand what that 2nd July 2018

51-CHS697-17.DOC objection is supposed to mean. As far as I can tell, the description set out in Schedule "1" of Column "J" is comprehensive. The second objection was that the title had not been obtained. These are no grounds for dismissal. The delay in obtaining a title certificate is not a fault that can be attributed to the Decree Holder. . 2.

The Chamber Summons is accordingly made absolute in terms of prayer clauses (a), (b) and (c).

3.

Remaining office objections, if any, to be removed on or before 30th July 2018.

4.

The Registry will proceed accordingly.

(G. S. PATEL, J) 2nd July 2018