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Bombay High CourtSA/540/2010dispossed offdismiss for default

M/S Ajanta Builders Thr. Its Partner Pk Nagrare And ANR v. Basantkumar S/O Kashiram Batra

2015-01-22Hon'Ble Shri Justice Ravi K. Deshpande2 pages

2201sa540.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.540 of 2010 (M/s. Ajanta Builders, through Partner Shri Pradeep s/o Krishnarao Nagarare, and another v. Basantkumar s/o Kashiram Batra and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri B.G. Kulkarni, Advocate for Appellants.

Shri A.P. Kalmegh, Advocate for Respondent No.1. Coram : R.K. Deshpande, J.

nd January, 2015 Dated : 22 Heard the learned counsels appearing for the parties. The affidavit dated 20-1-2015 in the matter of execution and registration of the sale-deed in favour of the purchaser-respondent Nos.2 to 8, has been filed. Shri Kalmegh, the learned counsel for the respondent No.1, submits that the said affidavit is duly sworn-in by the respondent No.1.

The contents of the affidavit are reproduced below : "

That the respondent No.1 submits as under,

2201sa540.10.odt 1.

That, the respondent No.1 has executed the sale deeds in favour of respondent No.2 to 8 with respect to flats and shops sold to them by the appellant M/s. Ajanta Builders.

2.

That, the documents executed in favour of purchasers by appellant and respondent No.1 were duly registered before the Sub-Registrar Nagpur 3. The respondent No.1 has also received and acknowledged the amount as settled before this Hon'ble Court. 3.

That, the respondent No.1 has thus complied with the orders passed by this Hon'ble Court. Hence this affidavit."

Both the learned counsels, therefore, submit that as the decree is satisfied and nothing survives in this second appeal, the appeal can be disposed of in terms of the said affidavit. In view of above, the second appeal is disposed of. Judge.

Lanjewar