BEENA'S COMPUTER TYPING AND SHORTHAND INSTITUTE

BOMBAY HIGH COURT P5 (English)

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The 1st defendant is ordered and directed to execute an indenture/conveyance of sub lease in respect of buildings A to H, J and K together with the land appurtenant thereto, with common right of way and common enjoyment of recreation ground of payment of proportionate costs of maintenance. The 1st defendant is also ordered and directed to submit to the plaintiffs within six weeks from the date hereof draft of such indenture/conveyance deed, to be executed together with a copy of the plan to be attached thereof showing locations of the said buildings A to H, J and K together with the land appurtenant thereof to be subleased and the common right of way and recreation ground, within 4 weeks from the receipt of the said draft and the plan, and plaintiffs shall approve the same and get engrossed and stamped and submit to the 1st defendant for its execution. The parties to the suit will have liberty to apply in case of disagreement between them. Upon engrossing and stamping the said sub-lease the plaintiff shall tender the same to the 1st defendant alongwith the arrears of proportionate lease rent payable by them as also the arrears of outstanding payable by them to 1st defendant and the 1st defendant shall execute the same within 2 weeks thereof. The plaintiffs shall lodge the same for registration with Sub-Registrar of assurances and pay the registration charges and the 1st defendant admit execution within six weeks thereof. Rest of the prayers are dismissed. The suit against 2nd defendant is dismissed. The parties to bear the own costs. Dated: 7th Nov. 1997 The decree dated 7 November 1997 was challenged by Respondent No.1-Society before this Court by filing First Appeal No. 1091 of 2000. However, the Appeal was withdrawn by Respondent No.1- Society on 16 September 2016 expressing that the Society intended to apply for deemed conveyance. Accordingly, the First Appeal was permitted to be withdrawn vide order dated 16 September 2016, which reads thus Not on board. Mentioned. Taken on board Learned counsel for the appellant/applicants submits that the appellant-society does not want to proceed with the present appeal. The letter to that effect issued by the Secretary of the appellantsociety is produced on record and marked as Annexure-A. The secretary of the society is also present before the Court and submits that the society wants to withdraw the appeal as the society intends to apply for the deemed conveyance.

The 1st defendant is ordered and directed to execute an indenture/conveyance of sub lease in respect of buildings A to H, J and K together with the land appurtenant thereto, with common right of way and common enjoyment of recreation ground of payment of proportionate costs of maintenance. The 1st defendant is also ordered and directed to submit to the plaintiffs within six weeks from the date hereof draft of such indenture/conveyance deed, to be executed together with a copy of the plan to be attached thereof showing locations of the said buildings A to H, J and K together with the land appurtenant thereof to be subleased and the common right of way and recreation ground, within 4 weeks from the receipt of the said draft and the plan, and plaintiffs shall approve the same and get engrossed and stamped and submit to the 1st defendant for its execution. The parties to the suit will have liberty to apply in case of disagreement between them. Upon engrossing and stamping the said sub-lease the plaintiff shall tender the same to the 1st defendant alongwith the arrears of proportionate lease rent payable by them as also the arrears of outstanding payable by them to 1st defendant and the 1st defendant shall execute the same within 2 weeks thereof. The plaintiffs shall lodge the same for registration with Sub-Registrar of assurances and pay the registration charges and the 1st defendant admit execution within six weeks thereof. Rest of the prayers are dismissed. The suit against 2nd defendant is dismissed. The parties to bear the own costs. Dated: 7th Nov. 1997 The decree dated 7 November 1997 was challenged by Respondent No.1-Society before this Court by filing First Appeal No. 1091 of 2000. However, the Appeal was withdrawn by Respondent No.1- Society on 16 September 2016 expressing that the Society intended to apply for deemed conveyance. Accordingly, the First Appeal was permitted to be withdrawn vide order dated 16 September 2016, which reads thus Not on board. Mentioned. Taken on board Learned counsel for the appellant/applicants submits that the appellant-society does not want to proceed with the present appeal. The letter to that effect issued by the Secretary of the appellantsociety is produced on record and marked as Annexure-A. The secretary of the society is also present before the Court and submits that the society wants to withdraw the appeal as the society intends to apply for the deemed conveyance.