THE WILLINGDON SPORTS CLUB AND ORS. vs NAGNESH ALIAS B. S. AKHADE AND ORS.

Judgment text excerpt

Neeta Sawant CRA-255-2023-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 255 OF 2023 1. The Willingdon Sports Club 2. Shri. Pradeep B. Chinai 3. Shri. Ardeshir S. Narielwala 4. Shri. Homi R. Khusrokhan } ....Applicants : Versus : 1. Nagnesh alias B.S. Akhade 2. Sidhartha alias Barku S. Akhade 3. Ms. Manisha alias Babli S. Akhade 4. Ms. Sarita S. Akhade 5. Deepak Rajaram Gopal 6. Tukaram Murlidhar Sangle 7. Sanjay Sampat Salve 8. Ashok Anand Mistry 9. Rafiuddin Yusuf Baig } ...Respondents ___________ Mr. Priyadarshan Shah, for the Applicant. Mr. Sandeep Vasant Mahadik, for Respondent Nos.1 to 4. Mr. Vijay Gharat with Mr. Kiran Patil, for Respondent Nos.5 to 9. ____________ CORAM : SANDEEP V. MARNE, J. RESERVED ON : 20 December 2024 PRONOUNCED ON : 3 January 2025. JUDGMENT : 1) Applicants have filed this Revision Application challenging the order dated 17 March 2023 passed by the Executing Court rejecting their applications at Page No. 1 of 27 3 January 2025 Neeta Sawant CRA-255-2023-FC Exhibits-83 and 85 filed for issuance of possession warrant for remaining area of the suit premises. With rejection of applications for issuance of fresh possession warrants, the Executing Court has disposed of Execution Application No. 264/2010 holding that the decree in L.E. & C. Suit No.499/545 of 1987 is fully satisfied. 2) Briefly stated, facts of the case are that Petitioner No.1 is an Association of Persons and has been established as a Club in/or about 1717. Petitioner-Club is a licensee in respect of several pieces and portions of land situated at Tulshiwadi, Tardeo, Mumbai by virtue of Indentures of Lease dated 26 June 1923, 17 January 1933, 30 June 1937 and 27 December 1940 etc. According to Petitioner-Club, the land desc