1 mss CHS1517 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1517 OF 2011 IN EXECUTION APPLICATION NO. 208 OF 1995 IN SUIT NO. 699 OF 1974 THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY .. .. PLAINTIFFS Vs. ISMAIL S/o FIDALLY POTIA & ORS. .. .. DEFENDANTS AND MOHAMMED HASAN KHAN & ORS. .. .. OBSTRUCTIONISTS Mr. U. J. Makhija i/b Mulla & Mulla for plaintiffs Ms. J. P. Thakkar for Obstructionist Nos. 2 to 6 CORAM: S. C. DHARMADHIKARI, J. DATED: 17/10/2011 P.C. This chamber summons was placed on board at the request of 2 mss CHS1517 the applicants, who are the original obstructionist Nos. 1 to 7 and particularly because they seek to approach the Plaintiffs – Decree Holder for an amicable settlement. 2. The decree is for possession of an immovable property. That decree has become final. The Decree Holders while executing the decree were resisted by the obstructionists therefore, they moved against the obstructionists. The Decree Holders initiated appropriate proceedings and even they have become final. The obstructionists are apprehending that they would be physically removed from the premises that they approached this court and stated that in terms of judgment delivered by the Supreme Court they wish to approach the Bombay Port Trust for an amicable settlement. In terms of the statement recorded by the court, according to the obstructionists, a substantial sum has been deposited in this court and they have no objection, if the Decree Holders withdraw the same with accrued interest. 3. Learned counsel appearing for the obstructionists, therefore, prays that the obstructionists may be given time to approach the Decree Holder with a written request to consider their proposal even 3 mss CHS1517 at this belated stage for an amicable settlement. To my mind, in the limited scope of ‘these’ proceedings, no such order or direction can be issued to the Decree Holders which are a public body. It is for the obstructionists to approach them with some proposal and that too in writing requesting the competent authority in the Bombay Port Trust that the obstructionists’ possession in respect of immovable property be regularized on acceptance of the agreed sum or such other sum as may be determined by the authorities. This court cannot pass any order or direction against the Decree Holders or even directing it to consider any proposal for amicable settlement when none is on record. 4. All that this court can direct is that for a period of two months from today the decree may not be executed and particularly by removing the obstructionists from the land with such force as is permissible including police aid so as to enable the obstructionists to apply to the Decree Holders in terms of the judgment of the Supreme Court and if any such request is made in writing I have no doubt in my mind that the authorities will duly consider the same and pass appropriate orders in accordance with law. All contentions are kept open. Similarly it is for the Decree Holders to decide as to whether 4 mss CHS1517 they wish to withdraw the sum deposited in this court with accrued interest and needless to state that if they approach the registry of this court it will permit them to withdraw the sum on production of authenticated copy of this order and release the sum with accrued interest and if after the period that has been provided above, no steps are taken for any amicable settlement and the Decree Holders wish to pursue their course as provided in law, the Judgment Debtors/Obstructionists can apply for withdrawal of the sum deposited in this court and even that permission may be granted and the amount be paid over to the obstructionists / to those who have deposited, with the accrued interest by the registry. 5. The Chamber Summons is disposed of in these terms with no order as to costs. 6. Needless to further clarify that if the Decree Holders withdraw the sum that would be without prejudice to the rights and contentions in law. Equally, the obstructionists shall abide by their undertaking and statement and shall not transfer, alienate or part with possession of the immovable properties in their possession until such time as the Decree Holders are considering their request for an amicable 5 mss CHS1517 settlement. 7. Returnable date under the writ of possession may be extended by a period of four months from today. (S. C. DHARMADHIKARI, J.)