IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION EXECUTION EXECUTION EXECUTION APPLICATION APPLICATION APPLICATION NO. 59 OF 1999 NO. 59 OF 1999 NO. 59 OF 1999 IN IN IN SUIT SUIT SUIT NO.2048 NO.2048 NO.2048 OF 1996 OF 1996 OF 1996 Ramesh Ramesh Ramesh Jain & ors Jain & ors Jain & ors ...... Plaintiffs Plaintiffs Plaintiffs vs vs vs Vijay Vijay Vijay Sampat & ors Sampat & ors Sampat & ors ...... Defendants Defendants Defendants None None None for for for Plaintiff Plaintiff Plaintiff Ms.Manjiri Ms.Manjiri Ms.Manjiri Shah i/b Mr.Kapir Gor for Defendant Shah i/b Mr.Kapir Gor for Defendant Shah i/b Mr.Kapir Gor for Defendant nos. 1,3,4,6,7,10 1,3,4,6,7,10 1,3,4,6,7,10 & 11. & 11. & 11. Mr.A.M.Cazi, Mr.A.M.Cazi, Mr.A.M.Cazi, Dy.Sheriff of Mumbai present Dy.Sheriff of Mumbai present Dy.Sheriff of Mumbai present CORAM CORAM CORAM : SMT R.S.DALVI, J : SMT R.S.DALVI, J : SMT R.S.DALVI, J DATE DATE DATE : 26th February, 2007 : 26th February, 2007 : 26th February, 2007 P.C. P.C. P.C. 1.1.1. The defendant nos. 1,3,4,6,7,10 and 11 as the The defendant nos. 1,3,4,6,7,10 and 11 as the The defendant nos. 1,3,4,6,7,10 and 11 as the auction auction auction purchasers have deposited the amount purchasers have deposited the amount purchasers have deposited the amount required required required to be deposited. The auction sale is to be deposited. The auction sale is to be deposited. The auction sale is therefore, therefore, therefore, confirmed in favour of the defendants. confirmed in favour of the defendants. confirmed in favour of the defendants. The The The Sheriff of Mumbai has applied for directions Sheriff of Mumbai has applied for directions Sheriff of Mumbai has applied for directions for for for confirmation of the auction sale and further confirmation of the auction sale and further confirmation of the auction sale and further consequential consequential consequential reliefs as mentioned in his report. reliefs as mentioned in his report. reliefs as mentioned in his report. There There There shall shall shall be order granting reliefs prayed for by be order granting reliefs prayed for by be order granting reliefs prayed for by the the the Sheriff of Mumbai under clauses (a) (b) (c) (d) Sheriff of Mumbai under clauses (a) (b) (c) (d) Sheriff of Mumbai under clauses (a) (b) (c) (d) (e) (e) (e) (f) and (g) of the Sheriff’s report dt. 21st (f) and (g) of the Sheriff’s report dt. 21st (f) and (g) of the Sheriff’s report dt. 21st February, February, February, 2007. 2007. 2007. 2.2.2. The Prothonotary and Senior Master shall The Prothonotary and Senior Master shall The Prothonotary and Senior Master shall execute execute execute the conveyance in favour of the auction the conveyance in favour of the auction the conveyance in favour of the auction purchasers. purchasers. purchasers. There are certain society’s dues to be There are certain society’s dues to be There are certain society’s dues to be paid. paid. paid. They shall be paid from the amounts They shall be paid from the amounts They shall be paid from the amounts deposited deposited deposited by the auction purchasers. The Sheriff by the auction purchasers. The Sheriff by the auction purchasers. The Sheriff of of of Mumbai shall hand over the remaining amount if Mumbai shall hand over the remaining amount if Mumbai shall hand over the remaining amount if 2 any any any lying deposited to the credit of the suit to lying deposited to the credit of the suit to lying deposited to the credit of the suit to the the the plaintiffs after execution of the conveyance in plaintiffs after execution of the conveyance in plaintiffs after execution of the conveyance in favour favour favour of the auction purchasers. of the auction purchasers. of the auction purchasers. 3.3.3. Execution Application is disposed of Execution Application is disposed of Execution Application is disposed of accordingly. accordingly. accordingly. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)