HEENA BUILDERS Vs. JIGNA MAHESH THAKER

JUDGEMENT

(1.) By this appeal filed by the appellants (original judgment debtors) the appellants have impugned the order dated 3 rd June 2021 passed by the learned Single Judge of this Court in execution proceedings directing the Court Receiver to take vacant possession of the subject properties and to seek further direction for valuation / sale of the subject properties in accordance with law. This Court has also directed the judgment debtor to remove their furniture and fixtures belongings from the subject properties on or before 25/6/2021.

(2.) The learned counsel for the appellants, on instructions, submits that though his clients have committed defaults of the Consent Terms, leniency be shown by this Court to the appellants. He states that his clients would mortgage some of the properties and would complete the construction of the structures in question.

(3.) The submission of the appellants is vehemently opposed by the respondent no.1 on the ground that the appellants have committed several defaults and though indulgence was shown by the learned Single Judge to the appellants on several occasions, the appellants did not comply with the statements made before this Court. It is submitted by the learned counsel for the respondent no.1 that this appeal is not even maintainable in view of the fact that the appellants had made a statement before the learned Single Judge and had prayed for time for removal of furniture and fixtures from the properties in question. He submits that in view of the statement made by the appellants and seeking time for removal of furniture and fixtures in the properties in question, the learned Single Judge gave time to comply with the said statement. Instead of complying with the said statement, the appellants have preferred this appeal.