IN RE: ANIL C. GANDHI Vs. STATE

JUDGEMENT

(1.) THE Plaintiff has filed the above Suit against the Defendants, inter alia seeking specific performance of an Agreement for Sale dated 16th October, 1985 (Exhibit -C to the Plaint) for sale of property situate at Mulund in the registration sub -district and suburban district at Bandra bearing Survey No. 315, Hissa No. 1 (p) admeasuring 8958.59 sq. mtrs. and Survey No. 316, Hissa No. 1A (p) corresponding to CTS No. 844 admeasuring 83.6 sq.mtrs. or thereabouts, in all admeasuring 9042.17 sq. mtrs. along with the structures standing thereon ("the suit property").

(2.) BY an ad -interim order dated 15th December, 1987, the Court Receiver, High Court, Bombay, was appointed as Receiver of the suit property. By an order dated 25th October, 1990, the ad -interim order dated 15th December, 1987, was confirmed. It was further directed that the Court Receiver, High Court, Bombay, should not dispossess Defendant Nos. 1, 3 and 4 and the heirs of Defendant No. 2 from the second floor premises but to continue them as the agents of the Court Receiver without any security or costs. The Court Receiver took possession of the suit property without dispossessing the aforesaid Parties from their premises.

(3.) THE State Bank of India had filed a suit against the Defendants being Suit No. 199 of 1986 for recovery of its loan and to enforce an equitable mortgage on the suit property. A decree on admission was passed in the said Suit on 4th February, 1997. The Plaintiff was impleaded as Defendant No. 5 in the said Suit and the mortgage in respect of the suit property was redeemed by the Plaintiff herein. Thereafter the Plaintiff took out several proceedings seeking directions against the State Bank of India to hand over the title deeds in respect of the suit property to the Plaintiff. The title deeds were to be deposited by the State Bank of India with the Court Receiver, High Court, Bombay, as per the directions of this Court. Though the State Bank of India contended that it has deposited all the title deeds/documents in their possession qua the suit property with the Court Receiver, the Plaintiff contended otherwise. In view thereof, by an order dated 16th January, 2014, passed by this Court in Notice of Motion No. 1436 of 2010, this Court granted liberty to the Plaintiff to initiate appropriate proceedings in the matter for obtaining the title deeds in respect of the suit property.