Vinay Alias Victor Ram Mahadik v. Smt. Sarojini Subhash Dalvi And 2 ORS

Nesarikar 1 / 2 17-APPL-517-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.517 OF 2015 IN CHAMBER SUMMONS (L) NO.1710 OF 2014 IN EXECUTION APPLICATION (L) NO.1730 OF 2014 IN SUIT NO.2132 OF 2008 WITH NOTICE OF MOTION NO.1826 OF 2015 AND NOTICE OF MOTION NO.1193 OF 2016 Vinay alias Victor Ram Mahadik .... Appellant/ Ori. Defendant versus Smt. Sarojini Subhash Dalvi and Others ... Respondents Ori. Plaintiffs Mr.P.P. Prabhu for the Appellant.

Mr.S.B. Rao i/b. M/s India Law for the Respondents. CORAM : DR. MANJULA CHELLUR, C.J.

& M.S. SONAK, J.

DATE : 29th SEPTEMBER, 2016.

PC :

1.

Heard both the parties.

2.

By consent of both the parties, the appeal is allowed remanding back the matter to the Learned Trial Judge to decide the Chamber Summons, by looking into the terms of the alleged registered Release Deed executed between the parties, as well as Consent Terms, so as to understand whether there has to be any

Nesarikar 2 / 2 17-APPL-517-2015.odt consideration to be paid in cash under the document. Till Chamber Summons is decided, one way or the other, the execution proceedings are stayed.

Motion disposed off.

(CHIEF JUSTICE) (M.S. SONAK, J.)