[Cites 0, Cited by 0]
Bombay High Court
Badrushama Widow Of Suleman Haji vs Veekaylal Investment Co Pvt on 5 December, 2025
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2025:BHC-OS:23900-DB
1-APP-121-2025 Ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 121 OF 2025
IN
INTERIM APPLICATION (L) NO. 20852 OF 2022
Badrushama widow of Suleman Haji
Alimohammed Haji Cassum and Anr. .. Appellants
Versus
Veekaylal Investment Co. Pvt. and Ors. .. Respondents
WITH
INTERIM APPLICATION (L) NO. 13412 OF 2025
IN
APPEAL NO. 121 OF 2025
Badrushama widow of Suleman Haji
Alimohammed Haji Cassum and Anr. .. Applicants
Versus
Veekaylal Investment Co. Pvt. and Ors. .. Respondents
WITH
APPEAL (L) NO. 16433 OF 2025
IN
INTERIM APPLICATION (L) NO. 20852 OF 2022
Salim Dawood Agboatwala and Ors. .. Appellants
Versus
Veekaylal Investment Co. Pvt. and Ors. .. Respondents
WITH
INTERIM APPLICATION NO. 17861 OF 2025
IN
APPEAL (L) NO. 16433 OF 2025
Page 1 of 8
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
Salim Dawood Agboatwala and Ors. .. Appellants
Versus
Veekaylal Investment Co. Pvt. and Ors. .. Respondents
Mr. Kevic Setalvad, Sr. Advocate, a/w Mr. Jehan Lalkaka, Ms.
Vijaylakshmi Kulkarni, for the Appellants in APP/121/2025 and for
Respondent Nos. 4 and 5 in APPL/16433/2025.
Mr. Zal Andhyarujina, Sr. Advocate, a/w Ms Maithili Parikh,
Mr. Jagdish Reddy, Adv. Mrunal Joshi, i/b Mr. Rajeev Sharma, for
Respondent Nos. 1 and 2 in APP/121/2025 and APPL/16433/2025.
Mr. Anupam Surve, a/w Mr. Nimish Kothare, Mr. Nikhil Mutha,
Ms. Ashwini Sonawane, i/b Nanu Hormasjee and Co., for the
Appellants in APPL/16433/2025 and for Respondent Nos. 4 to 21 in
APP/121/2025.
Shri Nitin C. Pawar, Court Receiver, present in Court.
CORAM: B. P. COLABAWALLA &
AMIT S. JAMSANDEKAR, JJ.
DATE: DECEMBER 5, 2025
P. C.
1. The above Appeals have been filed challenging the order passed
by the learned Single Judge dated 22nd April 2025. By the impugned order,
Interim Application (L) No. 20852 of 2022 filed by the Auction Purchaser
was allowed in terms of prayer clauses (a), (b) and (c), and Interim
Application (L) No. 31368 of 2022 filed by the Original Plaintiffs was
dismissed. Consequently, Court Receiver's Report No. 526 of 2012 and 135 of
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
2023 were also disposed of. The Court Receiver was directed to proceed to
execute the conveyance deeds as per the draft conveyance deeds submitted by
the Auction Purchaser expeditiously, in terms of the observations made in the
impugned order and complete said exercise within 6 weeks.
2. The prayers granted in Interim Application (L) No. 20852 of
2022 are reproduced herein below for ease of reference:-
"(a) This Application may kindly be allowed.
(b) This Hon'ble Court be pleased to direct the Court Receiver of
this Hon'ble Court appointed in Suit No. 3415 of 1947 to execute the
Conveyance Deeds pursuant to the order of this Hon'ble Court dated
30.03.1962 as requested/prayed by the Applicants in Schedule of Draft
conveyances submitted to the learned Court Receiver since the year 2007
till today.
(c) This Hon'ble Court be pleased to hold and declare that the Court
Receiver's Report No.526 of 2012 submitted in Suit No. 3415 of 1947, is
bad in law and contrary to the orders passed by this Hon'ble Court
dated 30.03.1962 and 29.07.1970 and the subsequent orders, and same
to be quashed and set aside."
3. In the above Appeal, the real grievance raised by the Original
Plaintiffs was that there is a dispute with reference to the area of the property
of which conveyance deeds are to be executed. Another grievance was that
the Auction sale notice mentions Survey Numbers that are no longer in
existence and have been replaced by CTS numbers. Despite that, the learned
Single Judge has proceeded to allow the conveyance deeds to be executed on
the basis of Survey Numbers.
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
4. After the Appeals were argued for some time, the parties agreed
to the following order:-
(a) The Auction Purchaser (Respondent Nos. 1 and 2) shall
submit fresh draft conveyances in respect of the 49 draft
conveyances already submitted to the Court Receiver, setting out
the CTS numbers that correspond to the respective Survey
Numbers mentioned in the offer letter dated 10th March 1962 as
per the "Kami Jasti Patrak", within a period of 12 weeks from
today.
(b) The Auction Purchaser (Respondent Nos. 1 and 2) shall
submit draft conveyances in the same manner as set out in sub-
paragraph (a) above, even in respect of the remaining Survey
Numbers which do not form part of the 49 conveyances now
sought, and the previous 141 conveyances already taken, so as to
convey the entirety of the land sold to the Auction Purchaser by
virtue of the offer letter dated 10th March 1962. These draft
conveyances shall be submitted to the Court Receiver within 12
months from today. If, for any reason, these draft conveyances
cannot be submitted within the aforesaid time period, the
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
Auction Purchaser is at liberty to seek an extension before the
learned Single Judge.
(c) In all the cases above, the Court Receiver shall
expeditiously execute the conveyance deeds within 6 weeks of
receiving the adjudicated draft from the relevant stamp
authorities.
(d) In the event the Auction Purchaser and/or the Court
Receiver is unable to correlate the CTS numbers with the Survey
Numbers mentioned in the offer letter dated 10th March 1962, as
per the "Kami Jasti Patrak", in relation to any conveyance, the
Court Receiver shall file an appropriate Court Receiver's report
in relation to that particular Survey Number/s before the learned
Single Judge and supply a copy thereof to the Advocates for the
Auction Purchaser, the Plaintiffs and the Defendants. The
learned Single Judge shall then pass appropriate orders on the
said Court Receiver's report after hearing all the parties.
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
(e) The Auction Purchaser undertakes to this Court that it
shall not seek a conveyance of any CTS number falling outside
the boundaries of the Survey Numbers purchased in the auction.
(f) The Auction Purchaser shall furnish all relevant
documents, including the Gut Book, City Survey Plan and PR
Cards, to the Court Receiver for verification. Once the Court
Receiver is satisfied, he shall thereafter proceed to execute the
conveyances as set out above.
(g) Once the conveyance deeds are adjudicated and registered,
the Auction Purchaser shall supply a copy of the same to the
Court Receiver. The Court Receiver, in turn, shall supply copies
thereof (true copy) to the Advocates for the Plaintiffs and the
Defendants.
(h) The costs, charges and expenses for executing these
conveyances, including the costs, charges and expenses of the
Court Receiver in relation to these conveyances, shall be borne
by the Auction Purchaser.
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
5. All parties have agreed that this order shall not come in the way
of the parties to the Suit to apply for discharge of the Court Receiver in
relation to any property/Survey Number which does not form the subject
matter of the Auction sale.
6. It is clarified that the order and judgment impugned in the
present Appeals are not in any way modified except to the extent provided by
the directions given above. It is clarified that the findings in the said order
and judgment are confirmed by this Court.
7. It is also clarified that the conveyances referred to above shall be
executed only with reference to the Survey Numbers and the corresponding
CTS numbers, without going into any dispute in relation to their area.
8. Both the above Appeals are disposed of in the aforesaid terms.
However, in the facts and circumstances of the case, there shall be no order
as to costs.
9. In light of the disposal of the above Appeals, nothing survives in
the Interim Applications filed therein, and the same are disposed of
accordingly.
DECEMBER 5, 2025
Darshan Patil
1-APP-121-2025 Ors.doc
10. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.]
DECEMBER 5, 2025
Darshan Patil
Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 09/12/2025 11:22:42
