Hussaini Akhtar Hussain Abdullabhai v. Mohammed Hussain Abdullabhai

26-IA 3702.2024 in EXA(L) 2329.2018.doc Kavita S. J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3702 OF 2024 IN EXECUTION APPLICATION (L) NO.2329 OF 2018 Akhtarbhai Abdullabhai since deceased through his legal heirs:

1. Hussaini Akhtar Hussain Abdullabhai

2. Abdulla Akhtar Hussain Abdullabhai

3. Salim Akhtar Hussain Abdullabhai ...Applicants/ Decree Holders (Orig. Respondent Nos. 4(b) to 4(d)) In the matter between:

Mohammed Hussain Abdullabhai since deceased through his legal heirs

...Respondents/

Judgment Debtors (Orig. Claimant Nos. 1(a) to (d))

Versus

Taherbhai Abdullabhai & Ors.,

...Respondents /

Judgment Debtors ---------- Mr. Rupesh Mandhare a/w Ms. Ashna Shah i/b Mr. Sean Wassoodew for the Applicants.

Ms. Aiswaya Jose a/w Mr. Vishal Hegde, Ms. Pranitha Dhumak and Ms. Anuja Apte i/b Samudra Legal for the Respondent No.1(a). Mr. Prashant Pandey (through V.C.) a/w Dinesh Jadhwani, Ms. Ridhima Mangaonkar, Mr. Pramod Sharma & Ms. Krishna Joshi i/b W3 Legal LLP for Respondent Nos. 1(b) to 1(d). KAVITA SUSHIL JADHAV by KAVITA SUSHIL JADHAV Date: 2025.01.23 18:48:46 +0530 Mr. S.K. Dhekale, Court Receiver present.

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26-IA 3702.2024 in EXA(L) 2329.2018.doc CORAM :

R.I. CHAGLA, J.

DATED : 20th JANUARY, 2025.

ORDER :

1.

The Applicants / Decree Holders and Respondents / Judgment Debtors have entered into Minutes of Order dated 20th January, 2025 which has been tendered and taken on record and marked 'X' for identification. The Minutes of Order has been signed by the Advocate for the Applicants and Advocate for Respondents /Judgment Debtors. This order is passed in terms of Minutes of Order marked 'X'.

2.

The Court Receiver shall transfer tenancy from the old tenant to the new tenant as per the order passed in term of Minutes of Order marked 'X' without any liability on the Court Receiver. 3.

The Interim Application is accordingly disposed of. There shall be no orders as to costs.

4.

The formality of lodging and registering agreement of transfer of tenancy shall be completed by the parties. [R.I. CHAGLA, J.] 2/2