Arun S.Prabhu vs Rizvi Builders And 2 Ors
2023 Latest Caselaw 2708 Bom

                                                          ch-1-exal-16616-2022.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION

                        EXECUTION APPLICATION NO.376 OF 2023

       Dr. Arun Prabhu                                      ...Applicant /
                                                            Decree Holder

               Versus

       Rizvi Builders & Ors.                                ...Respondent /
                                                            Ori. Judgment
                                                            Debtor
                                       ----------
       Ms. Keya Raval and Ms. Husaina Zaidy i/b. Dhru & Co.
       Mr. S.R. Paranjape, Addl. Registrar (O.S.) / Additional Prothonotary
       and Senior Master.
                                       ----------

                                       CORAM : R.I. CHAGLA J.

                                       DATE         : 20 MARCH, 2023.

       ORDER :

1. An application has been made by Mr. Paranjape,

Additional Registrar (O.S.) / Additional Prothonotary and Senior

Master who has been deputed by the Prothonotary and Senior Master

of this Court by order dated 6th March, 2023 passed by the

Prothontary and Senior Master of this Court in compliance with the

order dated 28th February, 2023. By the said order dated 28th

February, 2023, the officer nominated by the Prothonotary and

ch-1-exal-16616-2022.doc

Senior Master together with the Applicant were to execute the Deed

of Transfer and relevant and incidental documents for transfer of title

of the Suit property in favour of the Applicant.

2. The modification being sought is of paragraph 8 (iii), the

operative part of the order dated 28th February, 2023 by which the

officer nominated by the Prothonotary and Senior Master was

together with the Applicant to attend the office of the Sub Registrar

of Assurance and execute relevant and incidental documents for

transfer of title of the Suit property in favour of the Applicant.

3. Mr. Paranjape, the officer nominated by the Prothonotary

and Senior Master is present and has sought his exemption from

attending the office of Sub Registrar of Assurance by placing reliance

upon Section 88 of the Registration Act, 1908. Under this provision,

it is provided that where registration of documents is to be executed

by a Government Officer it shall not be necessary for the officer of

the Government to appear in person or by agent at any registration

office in any proceeding connected with the registration of any

instrument executed by him or in his favour, in his official capacity.

He has submitted that full cooperation will be given to the Applicant

for execution of the Deed of Transfer as well as signing of relevant

ch-1-exal-16616-2022.doc

and incidental documents for transfer of title of the Suit property in

favour of the Applicant.

4. The learned Counsel for the Applicant has no objection

to the application made by Mr. Paranjape.

5. Accordingly, the order dated 28th February, 2023 is

modified to the extent that in paragraph 8(iii), the officer nominated

by the Prothonotary and Senior Master may not attend the office of

the Sub Registrar office for executing relevant and incidental

documents for transfer of title of the Suit property in favour of the

Applicant. However, he will extend full cooperation with the

Applicant on execution of the Deed of Transfer as well as incidental

documents for transfer of the title of the Suit property in favour of

the Applicant.

[ R.I. CHAGLA J. ]