1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.871 OF 2009 IN EXECUTION APPLICATION (LODG.) NO.324 OF 2009 IN SUIT NO.3018 OF 2008 Bomi Sethna ..Applicant. Vs. Suresh Singh Ramdas Singh (since deceased) Through her Legal Representative Mrs. Sarvesh Singh Ramdas Singh ..Respondent. .... Ms Anita Castelino with Ms A. Lambay i/b Lambay & Co. for the Applicant. None for the Respondent. .... CORAM : DR. D.Y. CHANDRACHUD, J. 27th July, 2009. P.C. : On 24th June, 2009 an ad interim order was passed in terms of prayer clause (b) save and except for the words “dealing with”. Consent Terms were arrived at in a suit for specific performance which came to be decreed on 12th March, 2009. The original Defendant agreed to pay a sum of Rs.22 lacs to the Plaintiff in full settlement of his claim for specific 2 performance. Payment was to be made before 27th April, 2009. Clause 3 of the Consent Terms provides that until the entire amount is paid the Plaintiff shall have a lien / charge over the residential flat in question. The Defendant has died and the apprehension is that the heirs of the Defendant are likely to dispose of the residential flat. The Plaintiff is undoubtedly at liberty to seek recourse to his remedy in execution of the decree under Order 21 of the Code of Civil Procedure 1908. In these circumstances, the prayer for the appointment of the Receiver is not pressed. However, the prayer for a disclosure of the properties of the deceased Defendant under Order 21 Rule 41 can be granted and is accordingly granted in terms of prayer clause (d). The affidavit of disclosure shall be filed within a period of six weeks from today. The ad interim injunction that was granted on 24th June, 2009 shall, on the request of counsel appearing for the Plaintiff, continue to remain in operation for a period of six weeks from today, to enable the Plaintiff to take necessary steps. The Chamber Summons is accordingly disposed of since no other prayer is pressed. *****