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2015 Supreme(Bom) 294

ROSHAN DALVI
Mahendra Builders Pvt. Ltd. – Appellant
Versus
Padmabai – Respondent


Advocate Appeared:
For the Plaintiffs:Firdos Pooniwala, i/b. Yasin R. Shah, Advocates.
For the Defendants:Dinyar Madon, Sr. Counsel a/w. Sandeep Parikh, Counsel, Prakash Shah a/w. Durgaprasad Poojari I/b PDS & Associates, Advocates.

Judgment

1. The above suit was settled under consent terms dated 2nd December 2003. An order was passed in terms of the consent terms on 12th January 2004. The suit came to be disposed off in terms of the consent terms on 12th January, 2004. The consent terms are sought to be executed by plaintiff Nos. 3 and 4 and defendant Nos. 17 and 18 (plaintiff) against defendant No.16 (defendant). The consent terms would require to be executed within 12 years of the order being passed in terms thereof. Hence the consent terms would have to be executed on or before 11th January 2016. The execution has been levied in 2011.

2. The plaintiff as well as the defendant took out various chamber summonses. The plaintiff’s chamber summonses were for appointment of court receiver and redevelopment of the property. They have been dismissed. The defendant’s chamber summons were for setting aside the warrant of attachment upon the suit property. The personal residential immovable property of defendant No.16 has been attached. That attachment has been raised. The immovable property of the defendant which was the suit property consisting of a building and one garage therein has also been attached. The attachme











































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