Case Note & Summary
The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enable him to request the court to direct the execution department to issue a warrant of sale in respect of the suit property and to direct the office of the Commissioner of Taking Accounts to proceed to auction and sell the suit property, and for appointment of a suitable person as a commissioner to distribute the net sale proceeds. The background is that on 20th December 2007, the court passed a consent decree in Suit No. 3279 of 1987, which was a suit for declaration of ownership and possession of a ½ share in the suit property. The consent terms provided that the plaintiff and defendant nos. 1(a) to 1(c) would find a common developer/purchaser to develop/acquire the suit property within six months, failing which either party could apply to the court for sale of the property through court, with each party entitled to 50% of the sale proceeds. The plaintiff contended that the six-month period had expired and no developer was found, and thus he was entitled to seek sale through court. The court considered the application and held that the plaintiff was entitled to execution of the consent decree. The court directed the issuance of a warrant of sale and appointed a commissioner to conduct the sale and distribute the proceeds equally between the plaintiff and the defendants. The judgment was pronounced on 29th October 2013 by Justice R.D. Dhanuka.
Headnote
A) Execution of Consent Decree - Sale of Property - Consent decree provided for sale of property through court if parties failed to find a common developer within six months - Plaintiff sought warrant of sale and appointment of commissioner - Court allowed the application, directing issuance of warrant of sale and appointment of commissioner to conduct sale and distribute proceeds - Held that the plaintiff is entitled to execution of the consent decree as per its terms (Paras 1-10).
Issue of Consideration
Whether the plaintiff is entitled to seek sale of the suit property through court and appointment of a commissioner to distribute sale proceeds in execution of a consent decree.
Final Decision
The court allowed the praecipe and directed the issuance of a warrant of sale in respect of the suit property. The court appointed a commissioner to conduct the sale and distribute the net sale proceeds equally between the plaintiff and defendant nos. 1(a) to 1(c).
Law Points
- Consent decree
- execution
- sale of property through court
- partition
- co-ownership
- appointment of commissioner
