1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 983 OF 2009 IN EXECUTION APPLICATION NO.133 OF 2009 IN SUIT NO.1783 OF 1991 WITH NOTICE NO.463 OF 2008 AND EXECUTION APPLICATION NO.133 OF 2009 Manohar Vehomal Dudani & Ors. ..Plaintiffs versus Mohan Kukreja & Anr ..Defendants Mr. Ranjit Thorat with Mr. P.V.Shah for Decree holder /Plaintiffs. Mr. S.J.Khera for Applicant -Defendant No.1 Mr. Hemant P. Ghadigaonkar for Defendant No.2 CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 21ST JULY, 2009. P.C. : 1. The Chamber Summons is taken up for hearing, by consent, with notice No.463/2009 and Execution Application No.133 of 2009. The Chamber Summons has been taken out for bringing the legal heirs of Defendant No.1(b) on the record. The Chamber Summons is not opposed. Accordingly the Chamber Summons is made absolute in terms of prayer (a), (b) & (c). 2. The Judgment of the trial Judge in the suit for Specific Performance 2 was modified by the Division Bench in Appeal on 31.07.2007. While dismissing the Appeal and confirming the decree for specific performance, the Division Bench directed the Plaintiff to deposit the balance amount of consideration under the Agreement (Rs.3,15,000/-) and an amount of Rs.15,00,000/- in court. On the amount being deposited the Sale Deed was to be executed in favour of the Plaintiff in terms of the decree passed by the Learned Single Judge. A Special Leave Petition against the Judgment of the Division Bench was dismissed by the Supreme Court on 29.02.2008. The decree has attained finality. 3. The decree holder has deposited the balance of the consideration in terms of the Judgment of the Division Bench dated 31.07.2007 in court. The Advocates appearing on behalf of Defendant No.1(a) and the Applicant – newly added Defendant and for Defendant No.2 state that they have no objection to execute the Sale Deed, in terms of the draft which has been exchanged between the parties. Two minor modifications were suggested which have been carried out by the Learned Advocate appearing on behalf of the decree holder. An agreed draft duly initialed by the Advocates has been tendered before the court for the purposes of identification. Since the monies have been deposited in terms of the Judgment of the Division Bench and all parties have agreed to execute the Deed of Conveyance, no further 3 directions are necessary, save and except to record the statement made on behalf of the parties as noted above. The parties are directed to execute the Deed of Conveyance, in any event, within a period of one week from today. In the event that any party fails to do so, the Prothonotary & Senior Master of this court shall appoint a competent officer for executing the sale deed for and on behalf of the party in default. 4. As between the Judgment Debtors, it has been agreed that an amount of Rs.6,00,000/- shall be withdrawn by the 2nd Defendant, while the balance of Rs. 12,50,000/- together with accrued interest , if any, on the amount deposited by the decree holder, shall be withdrawn by Defendant No.1(a). It has been agreed between the Judgment Debtors that all the outgoings of the co-operative society upto 06.05.2009 shall be paid by Defendant No.1(a), in view of the fact that the Defendant No.2 has waived his entitlement to receive a proportionate part of the accrued interest. In view of the Agreement between the Judgment Debtors, there shall be an order in the aforesaid terms. 5. The Advocates appearing on behalf of the Judgment debtors have further stated before the court that within a period of one week from today, the Judgment Debtors shall execute a Special Power of Attorney in favour of the Decree holder and shall appear before the Sub-Registrar of Assurances for effecting registration, subject to prior 4 intimation, within one week. It has been agreed between the parties that the Power of Attorney shall be limited to conferring authority on the Decree Holder for (i) Effecting registration of the conveyance before the Sub-Registrar of Assurances and (ii) Effecting transfer of the suit premises in the records of the Co-operative Society, in terms of the understanding that has been arrived at between the parties in the course of these proceedings. 6. Chamber Summons No.983 of 2009 stands disposed of together with Notice No.463 of 2009. In the circumstances, the Execution Application also stands disposed of. The amounts due to the Judgment Debtor in terms of this order shall be paid over by the Prothonotary & Senior Master, within one week of the execution of the Conveyance. (DR. D. Y. CHANDRACHUD, J.)