KUMUDINI RAMDAS SHAH Vs. K M MODY

JUDGEMENT

(1.) "The Cheshire Cat vanished quite slowly, beginning with the end of the tail, and ending with the grin, which remained some-time after the rest of it had gone."

(2.) This property, along with others, formed the subject matter of a Civil Suit No. 82 of 1952 in the Court of Civil Judge, Senior Division, Poona. This suit was filed by a mortgagee against the mortgagors and other subsequent mortgagees for foreclosure and realisation of the debt by sale of the mortgaged property. Punamchand Shrichand the mortgagee obtained a preliminary decree on 21st November 1952. One K. M. Mody was also joined as defendant No. 10 to the suit as he was a subsequent mortgagee. Punamchand Shrichand proceeded to obtain a final decree and, as none of the mortgagors or subsequent mortgagees could pay the decretal amount, Punamchand Shrichand filed Special Darkhast No. 1 of 1954, in the Court of Civil Judge, Senior Division, Poona, for realisation of the amount by sale of the mortgaged property. Even though the Court granted indulgence for payment of the dues the same could not be paid and finally the mortgaged properties were put up to Court auction. The present plaintiff Kumudini Shah came to the scene for the first time as she purchased the property on 6th August 1957. Objections were preferred for setting aside the sale but were dismissed finally by this Court on 2nd December 1960. With the final dismissal of all objections by the High Court on 2nd December 1960, a sale-certificate was granted to the plaintiff who moved 'C Application No.285 of 1957 for possession. The executing Court gave symbolic possession of some portion of the properties purchased in the auction. When the plaintiff prayed for Khas possession of the property which was in occupation of K. M. Modi who was joined as defendant to the suit as a subsequent mortgagee, her prayer was granted by the executing Court. K. M. Mody, being aggrieved by the order, challenged the same in Revision Application No. 1508 of 1958 before this Court contending that he was a tenant of the property. On 27th February 1961, parties came to terms and a learned single judge of this Court passed the following order in the revision proceedings wherein Mody had sought setting aside of the order of the Civil Judge, Senior Division, Poona, in the execution proceedings : -

(3.) The respondent hereby agrees and undertakes not to interfere with the possession and quiet enjoyment of the property and premises and not to demand or recover possession or to take steps or proceedings to recover possession of the said property and premises and not to apply for the appointment of a Receiver of the said property and premises until the final disposal of the suit referred to in clause 2 hereof and until the final disposal of any appeal or revision in respect of any judgment or order or decree in the said suit and until the disposal of any appeal therein taken to the Supreme Court of India.