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Bombay High CourtIA/6884/2024disposed off

Parle Arun Villa Chs Ltd., Mumbai v. Gyarsilal Ramshay Varma And ORS.

2025-02-13Hon'Ble Shri Justice Kishore C. Sant2 pages

29 Ia-6884-2024 & 1.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6884 OF 2024 IN FIRST APPEAL NO. 562 OF 2005 Parle Arun Villa Chs Ltd. Mumbai.

...Applicant.

In the matter between :

Gyarsilal Ramshay Varma and Others.

...Appellants.

Versus

Parle Arun Villa Chs Ltd. Mumbai.

...Respondent.

WITH INTERIM APPLICATION NO. 6886 OF 2024 [no papers] IN FIRST APPEAL NO. 563 OF 2005 Parle Arun Villa Chs Ltd. Mumbai.

...Applicant.

In the matter between :

Gyarsilal Ramshay Varma and Others.

...Appellants.

Versus

Parle Arun Villa Chs Ltd. Mumbai.

...Respondent.

------ Mr. Piyush Raheja and Mr. Chinmay Mehta i/b Rucha Jog for the Applicant. ------ Coram : Sharmila U. Deshmukh, J.

Date : February 13, 2025.

P. C. :

1.

By order of 7th May 2024, these Interim Applications have already been disposed of and today the matters are listed only to ensure compliance.

Patil-SR 1 of

29 Ia-6884-2024 & 1.doc 2.

By order of 7th May 2024 this Court has allowed these Interim Applications in terms of prayer clauses (b) and (c) which sought execution of conveyance in favour of the Applicant - Society and in event the Appellants fail to execute conveyance in favour of the Applicant-Society, Court Commissioner be appointed to approve the draft of conveyance and to execute the deed of conveyance. Subsequently, by order of 28th November 2024 this Court directed that before conveyance is executed, the draft has to be approved and therefore called for the report from Court Commissioner about the approval of draft deed of conveyance.

3.

On 2nd January 2025, the Court Commissioner, who is Deputy Registrar, Civil Writ Petition Department of this Court, has submitted a report to the effect that he has verified the draft of conveyance and has approved the same.

4.

In the light of report submitted by Court Commissioner, the Court Commissioner is directed to execute conveyance in favour of the Applicant-Society.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 14/02/2025 19:09:09