Maharashtra

Nagpur

EA/59/2019

SMT SHASHI ANANDRAO GHORPADE - Complainant(s)

Versus

M/S NIRMAN INFRASTRUCTURES THROUGH ITS PARTNER A. SHRI. MAHENDRA JEEVAN BHUGAONKAR B. SHRI. SHIRISH - Opp.Party(s)

ADV VINY A DHABE

20 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, NAGPUR
New Administrative Building
5th Floor, Civil Lines,
Nagpur-440 001
0712-2548522
 
Execution Application No. EA/59/2019
( Date of Filing : 28 Mar 2019 )
In
Complaint Case No. CC/09/543
 
1. SMT SHASHI ANANDRAO GHORPADE
RAJ APARTMENT LAKDI POOL, NEW AAYCHIT MANDIR NAGPUR
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. M/S NIRMAN INFRASTRUCTURES THROUGH ITS PARTNER A. SHRI. MAHENDRA JEEVAN BHUGAONKAR B. SHRI. SHIRISH SHIRKE
SHRINATH SAINAGAR, OMKAR NAGAR NAGPUR AND VITTHAL RUKHMINI APARTMENT BEHIND GUJARWADI TULSHIBAG ROAD MAHAL NAGPUR 440002
NAGPUR
MAHARASHTRA
2. SHRI VITTHAL NARAYAN PUJARI
VITTHAL RUKHMINI APARTMENT, BEHIND GUJARWADI, TULSHIBAG ROAD, MAHAL NAGPUR 440002
NAGPUR
MAHARASHTRA
3. SHRI VILAS JAGANNATH PUJARI
VITTHAL RUKHMINI APARTMENT, BEHIND GUJARWADI, TULSHIBAG ROAD, MAHAL NAGPUR 440002
NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. ATUL D. ALSI PRESIDENT
 HON'BLE MRS. CHANDRIKA K. BAIS MEMBER
 HON'BLE MR. SUBHASH R. AJANE MEMBER
 
PRESENT:ADV VINY A DHABE, Advocate for the Appellant 1
 ADV. R. S. KALE & ADV. SATISH SHRIRAO, Advocate for the Respondent 1
 ADV. BHUSHAN DAFLE, Advocate for the Respondent 1
Dated : 20 Apr 2023
Final Order / Judgement

EXb-01 Order

 

Per  Hon’ble President Shri Atul  D. Alsi  

 

            The O.P. Filed application for dismissal of execution proceeding in view of compliance of Judgement & order passed in CC/ 543/2009  decided on  13.04.2016  by executing Sale deed on dt. 07.09.2022 &  paid Rs. 20,000/- towards compensation & Rs. 5000/- towards cost of litigation.

            The complainant objected & submitted that sale deed did not executed within 30 days from judgement and order passed on  13.04.2016  & therefore there is disobedience of Judgement & Order passed on 13/04/2016 &  therefore there is disobedience & Judgement & Order &therefore   liable for contempt action .

            The O.P. executed Sale deed in favour of Complainant and paid compensation amount with cost hence it is compliance of Judgement &  Order passed in CC/543/2009  on 13/04/2022 . The Complainant deposited Rs. 99,000/- on dt 04.02.2020  towards compliance of order for execution of Sale deed vide DD No. 090351 & therefore the O.P. is entitled to withdraw the amount. The complaint can mutate their names in Nazul record & in that case there is no question of any objection from O.P. to mutate the name as the O.P. have executed the sale deed in complainant’s favour.

    Therefore the present execution proceeding is disposed of . 

 

 
 
[HON'BLE MR. ATUL D. ALSI]
PRESIDENT
 
 
[HON'BLE MRS. CHANDRIKA K. BAIS]
MEMBER
 
 
[HON'BLE MR. SUBHASH R. AJANE]
MEMBER
 

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