Tazaldin Sadruddinddin Nanavati v. Theresa Mary Almeida

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 40671 OF 2025 IN EXECUTION APPLICATION NO. 2261 OF 2025 Daulatbanoo Sadruddin Nanavati ...Applicant V/s.

Theresa Mary Almeida

...Respondent

WITH EXECUTION APPLICATION NO. 2261 OF 2025 WITH INTERIM APPLICATION (L) NO. 40671 OF 2025 WITH CHAMBER ORDER (L) NO. 648 OF 2025 WITH NOTICE (L) NO. 290 OF 2025 Mr. Ziyad Madon with Mr. S. C. Mahimtura and Mr. Ishaan Zaveri i/b Mahimtura and Company for the Applicants in IA. Mr. Anirudh Hariani i/b Mr. Kunal Bhanage for the Applicant / Decree Holder.

Mr. Nirav Shroff, POA Holder of the Decree Holder in EXA.

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd DECEMBER, 2025 P.C. :

Interim Application (L) No. 40671 of 2025 1.

When the matter is called out, learned Counsel appearing in the matter tender across the bar minutes of order dated 23rd December, 2025 duly signed by the learned Counsel / Advocates for the parties, submitting that the Interim Application has been worked out in terms of the said minutes of order and that this Court may take the minutes 1/3

of order on record and dispose of the Interim Application in terms thereby.

2.

The minutes of order is taken on record and marked 'X' for the purposes of identification. The undertakings contained in the minutes of order are accepted as undertakings by the parties to this Court. Scanned copy of the minutes of order to be uploaded as a second order in the matter.

3.

The Interim Application accordingly stands disposed of in terms of the aforesaid minutes of the order.

Chamber Order (L) No. 648 of 2025 4.

Mr. Hariani, learned Counsel appears for the Execution Applicant and submits that the Chamber Order be disposed of as the publication has already been effected and the affidavit of service has already been filed.

5.

The other learned Counsel have no objection.

6.

The Chamber Order is accordingly disposed.

Notice (L) No. 290 of 2025 7.

Mr. Hariani, learned Counsel for the Execution Applicant submits that the Notice has been served and tenders across the bar affidavit of 2/3

service of the said Notice.

8.

Learned Court Associate confirms that the service has been effected.

9.

Having heard the learned Counsel and having considered his submissions, this Court is of the view that the Notice under Order XXI Rule 22 of the Code of Civil Procedure, 1908 be made absolute and is ordered accordingly.

10.

Let the Execution proceed as per law.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.12.23 20:50:24 +0530 NIKITA YOGESH GADGIL 3/3