Para 6 of the said General Power of Attorney reads under That, the SECOND PARTY shall pursue and bear the entire charge, companyts, expenses, fees, etc.
14 15 of 2013 have also been filed by plaintiffs 2 and 3, i.e., Narender Jain and Arvind Jain seeking to bring to the numberice of the Court that Fine Properties Private Limited has filed an I.A. before the learned Trial Judge of the High Court seeking certain orders in respect of the execution of the sale deed in terms of the judgment of this Court dated 3.12.2012.
As No material, whatsoever is available to enable us to make a companyrect assessment of the market value of the suit property as on date we request the learned trial judge of the High Court of Delhi to undertake the said exercise with such expedition as may be possible in the prevailing facts and circumstances.
I.A. Nos.
in all, were sold by Ms. Sameen Rushdie Momen respondent No.1 in Civil Appeal No.
Insofar as I.A. Nos.3 5 are companycerned, suffice it will be to numbere that the facts stated therein, on the basis of which the prayer for modification clarification has been made, were number before the Court at the time when the judgment dated 3.12.2012 was rendered.
All the appeals shall accordingly stand allowed in terms of our above companyclusions and directions.
11/1984 was set aside and the suit for specific performance filed by the plaintiffs 1 since deceased , 2 and 3 was decreed in the following terms 30We are of the further view that the sale deed that will number have to be executed by the defendants in favour of the plaintiffs will be for the market price of the suit property as on the date of the present order.
12 13 have been filed by Narender Jain and Arvind Jain original plaintiffs No.2 3 seeking the following reliefs a modify clarify companyrect Paragraphs 29 and 30 of the judgment and order dated 3.12.2012 as mentioned in the present application b companyrect the typographical errors in the judgment and order dated 3.12.2012 as mentioned in Paragraph 8 of this application c pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case.
8653/2012 and Respondent 1B in Civil Appeals No.
the applicants have, inter alia, stated that Ms. Sameen Rushdie Momen who is the legal heir successor in interest of the deceased sole defendant Anis Ahmed Rushdie by virtue of a Will dated 9.1.1984 executed by Anis Ahmed Rushdie and accepted by the other legal heirs had executed a irrevocable General Power of Attorney dated 4.11.2010 with companysideration in favour of one Fine Properties Private Limited disposing of all her rights, shares and interest etc.
3 5 have been filed by one Amit Jain, Rahul Jain and Smt.
The decree passed by the Appellate Bench of the High Court of Delhi in RFA OS No.
filed.
On the said basis, the applicants seek impleadment and clarification of the judgment dated 3.12.2012 to mean that the successor in interest of the original defendant late Anis Ahmed Rushdie i.e. Ms. Sameen Rushdie Momen, has been left with the right of ownership in respect of only 3873 Sq.
in the un encumbered plot property house bearing number 4, Flag Staff Road, Delhi 110054 alongwith unauthorized Occupant User i.e. late Sh.
8675 76 of 2012 in favour of the applicants.
4, Flag Staff Road, Civil Lines, Delhi.
8653 of 2012 and other companynected appeals were allowed by this Court by judgment and order dated 3.12.2012.
I.A. Nos.
of the property situated at No.
11 of 1984 Special Leave Petition S.L.P. or equivalent, etc.
RANJAN GOGOI, J. Civil Appeal No.
regarding the following F.A. OS No.
37212 of 2013 have been filed seeking impleadment clarification modification companyrection of the judgment dated 3.12.2012, in the circumstances numbered below.
two parcels measuring 1500 Sq.
And the SECOND PARTY has accepted to be the Attorney for the purchase acquisition and possessing of the entire property, for the total CONSIDERATION of Rs.4,50,00,000/ Rupees Four Crores and Fifty Lacs only through this presently executed and registered P.A. Sufficiency of the above CONSIDERATION for signing and executing of this G.P.A. is hereby acknowledged payments and receipts by both Parties.
3 5, 12 13, 14 15 and D.No.
Aruna Jain companytending that during the pendency of the Civil Appeal before this Court, out of total suit property measuring 5373 Sq.
BHIKU RAM JAIN and another unauthorized Occupant User i.e. legal heirs of late Mr. I.M. Lal and portion of the property in possession of the FIRST PARTY.
I.A. Nos.
in the suit property as on whereon basis subject to the following salient terms That, the FIRST PARTY agrees to absolutely grant to the SECOND PARTY all his rights, shares, interest, liens, registrations clear titles, etc.
In the aforesaid I.As.
In I.A. Nos.14 15 and I.A. D.No.
