HOUSING DEVELOPMENT FINANCE CORPORATION LTD THROUGH ITS AUTHORIZED OFFICER AND OTHERS v. DILIP UTTAMRAO SURYAWANSHI & Ors.

Mr. Adwant, learned counsel appearing for petitioners so as to end this litigation, on instructions, submits that petitioners have deposited an amount of Rs. Sixteen Lakh in this Court. It is further claimed that an amount of Rs. Nine Lakh shall be deposited in this court in any case by 03rd May, 2023. He would urge that in view of 4 above, the respondent No. 3 or his legal heirs i. e. respondent Nos. 3(a) to 3(g) can withdraw the aforesaid amount and transfer the flat in question in favour of the respondent No. 1 in whose favour D.R.T. has passed an order on 25th May, 2013. So also compliance of order dated 08th June, 2015 impugned herein can be reported. He would as such urge that aforesaid steps on behalf of the petitioners are taken so as to facilitate the compliance of the aforesaid orders. He would further urge that petitioners are extending consent for transfer to be executed by the respondent No. 3 to the respondent No. 1 of the above flat.

#9. The fact remains that Parashram Mangilal Verma – respondent no. 3 who has expired, purchased the property mentioned herein above from respondent no. 2 - Sanjay Babulal Darda. The legal heirs of respondent no.3 are on record, who are pursuing the present proceedings. Rightly pointed out by Mr. Sunil Parashram Verma, legal heir of deceased Parashram that he is authorized for and on behalf of respondent no. 3(a) to 3(g) to give following undertaking and to act on compliance with same provided petitioners pay an amount of Rs. Twenty Five Lakh to respondent Nos. 3(a) to 3(g). 5

#10. Mr. Sunil Verma has placed on record an undertaking to the effect that he is willing to surrender the possession of the property which was purchased by his father from respondent no.2 and is willing to handover the possession of the aforesaid flat to respondent no.1. He has submitted that he shall adhere to the conditions as are incorporated in the order dated 08th June, 2015 and order dated 28th May, 2013.

#11. It is claimed by learned counsel for respondent no.3 that towards full and final settlement an amount of Rs.Twenty Five Lakh is accepted. Rupees Sixteen Lakh out of the above is already deposited in this court is sought to be permitted to be withdrawn and the balance amount of Rs.Nine Lakh after the deposit of the same. By way of aforesaid undertaking Mr. Sunil Verma, one of the legal heirs of the respondent No. 3 on behalf of respondent Nos. 3(a) to 3(g) has undertaken to hand over the vacant and peaceful possession of the flat in question to the respondent No. 1 on 31 st May, 2023 free from all encumbrances.

#12. Learned counsel for the respondent No. 1 submits that he has no objection for the aforesaid consent being extended by the petitioners and the respondent Nos. 3(a) to 3(g) as long as he is restored possession of the flat in question. 6

#13. We have considered rival submissions of the learned counsel for respective parties.

#14. Since the statement is made on behalf of the learned counsel for the petitioners about deposit of amount of Rs. Twenty Five Lakh on instructions from the officers who are present in the Court and as the learned counsel for respondent Nos. 3(a) to 3(g) has also made a statement in regard to handing over possession by 31st May, 2023 subject to receipt of entire amount of Rs. Twenty Five Lakh from the petitioners, both these statements are accepted as an undertaking to this Court. The written undertaking furnished by Respondent No.3 is also accepted.

#15. Learned counsel for the respondent No. 3(a) to 3(g) and the respondent No. 1 shall share the expenses towards the charges to be incurred for registration, stamp duty, lawyers charges, if, any for executing conveyance in favour of the respondent No. 1 by the respondent No. 3 to which the petitioners have already consented for.

#16. In view of above, we hereby permit the respondent Nos. 7 3(a) to 3(g) to withdraw the amount of Rs.Nine Lakh after the execution of conveyance and handing over possession of the suit flat to respondent no.1.

#17. After the aforesaid reconveyance deed by respondent no.3 is executed in favour of respondent no.1 and on respondent no.1 getting possession of the flat from respondent no.3, petitioners will be at liberty to withdraw the amount deposited by respondent no.1 with accrued interest in the Debts Recovery Tribunal, Aurangabad.

#18. In the light of the above, writ petition is disposed of. ( S.G. CHAPALGAONKAR, J. ) ( NITIN W. SAMBRE , J. ) GGP