Bombay High Court
Purushotaam Badrinath Chandak vs Savitribai Badrinarayan Chandak ... on 29 October, 2021
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2021.10.29
18:58:13 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7390 OF 2021
Purushottaam Badrinath Chandak .. Petitioner
Vs.
Savitribai Bdrinarayan Chandak
(Since deceased) Through LRs. & Ors. .. Respondents
...
Dr. Uday P. Warunjikar with Ms. Vaishnavi Gujarathi for the
petitioner.
Mr. Ajay A. Joshi for respondent No.3.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 29TH OCTOBER, 2021.
P.C:-
1. Heard Mr. Warunjikar, learned counsel for the petitioner
(judgment debtor No.3) and learned counsel for respondent No.3
(decree holder).
2. My attention is invited to the order dated 09/09/2021,
wherein learned Judge has recorded the willingness of judgment
debtor No.2, who had moved an application to purchase the suit
property for consideration of Rs.1 crore, which includes his 1/4th
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share. The present petitioner opposed the application and
requested the court to appoint a valuer. This request is turned
down on the ground that the appointment of valuer as ought
is made with an oblique motive to delay the execution
proceedings.
3. Pertinent to note that the suit filed by respondent No.3
before the court is decreed on 11/07/1997 and the plaintiff and
defendant Nos.1 to 3 are held entitled to 1/4th share. The
question before the executing court is as to how the decree can
be executed.
4. On an application vide Ex-92, when judgment debtor No.2
gave an offer to purchase the entire property for Rs.1 crore,
learned Judge, Small Causes Court, Pune, by his order dated
09/09/2021 permitted the judgment debtor to deposit the sale
consideration of Rs.75 lakhs excluding his 1/4th share. He also
ordered that on depositing the said amount, judgment debtor
No.3 shall execute sale deed in his favour and, if there is a
refusal to execute the sale deed, the court officer shall execute
the sale deed in favour of judgment debtor No.2. My attention is
invited to the order dated 23/10/2021 by which the learned Judge
has accepted the draft of the proposed sale deed at the instance
of judgment debtor No.2 and it has appointed Nazir to execute
the sale deed. The next date is scheduled for 08/11/2021.
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5. On perusal of the proceedings, which are placed before
me, the moot question which arises is who has determined the
valuation of the property at Rs.1 crore and, if at all, the offer of
judgment debtor No.2 is to be accepted, it can only be done after
assessing the valuation of the property and particularly when the
judgment debtor No.3 has made an offer of Rs.1.05 crore. In
any case, before accepting the offer of any of the parties, it
would be necessary to obtain a report of the valuation so that the
value of the property can be assessed. This is not the manner in
which, a decree can be executed and the objection is rejected on
the ground that it will delay the execution of the decree. In such
circumstances, I deem it appropriate to grant stay of the
impugned order dated 09/09/2021 as well as the further order
dated 23/10/2021 which is brought on record in the additional
affidavit.
6. Issue notice to respondent Nos.1(a) to 1(c) and respondent
No.2. Notice is made returnable on 30/11/2021. The petitioner
is also permitted to serve the respondents by private notice.
7. All concerned to act on the authenticated copy of the
order.
[SMT. BHARATI DANGRE, J.]
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