CHAU.AN MTR'Form Number-6 GRN MHOL_¥ others 80. ' " ~ -6 -- , 14) Zerox copy of the' pursis Exh. 58 filed in SCS no. 623/2012 in respect of compromise between Nalini Chandrashekhar Halkunde, Def. NO., 6,y; ~ ~' y 5 Smt. Anjali Ani! Barde & Oef. No. 18 to 81 dated 16/10/2915. /,;P'. ' 15) Zerox copy of Us-Pendence Notice, in respect of SCS No. 623/2012 dated 23/10/2013. .:»: ( .- Ratnaparkhi V. V. t.=:G' . . B;Com. LL.b· Advocate Office: Resl. : Chamber No. 214, Building No, 2, 401, Lotus Apartment, Near Navashya District Court, Nashik Ganpati Mandir, Anandvalll, Cell: 94206 92760 Nashik-422013 Date: 18/06/2019 16) . Zerox copy of Canceljation of Lis~Pendence Notice in respect ofSCS . . No. 623/2012 dated .16/10/201.5. 17) .Zerox copy of the Sale Deed executed between Shri. Vilas Rasiklal Shah & Others 5 & Smt. Lalita Hemant Panchakahari & Others 3 dated 4/1/20.12. 18) Zerox copy of the Sale Deed executed between Shri. Raiendra Rasiklal Shah & Others 4 s ShrL Prabhakar Gopalrao Shukla & Others 20 dated 6/1/20.12 . . 19) Zerox copy of the Sale Deed executed between Shri. Rajendra Rasiklal Shah & Others·7 & Shri. Ram·Radhkrishna Shukla & Others 2 dated 6/1/2012. _./' 20.) Zerox copy of-the letter issued by The Nashik Municipal Corporation, Nashik in respect of Sanction of Tentative Lay-out of Survey No. 163 dated 18/02/2013, 21) Zerox copy of the Ietter issued by The Nashik Munlcipal Corporation, Nashik in respect of final approval of lay-out of Survey' No. 163 dated 24/11/2015 . . 22L. Zerox copy of the NA order issued by the Collector of Nashik in respect '~f S. No. t63 dated,.30isl2013 . . .' ......... 23) Original Sale Deed executed between Century Builders & Developers & Shri. Rajendra Rasiklal ShahS Others 1 dated 22/11/2017. 24) Original Correction De~d to Sale Deed executed between' Century Builders & Devetopers'& Shri. Rajendra Rasiklal Shah & Others 1 dated 24/07/2018. 25) Sanction of Building permission & Commencement Certificate dated ·13/5/2019 tssued by The Nashik Municipal Corporation, Nashik.. On the basis of the above mentioned papers & record placed before me, I am submitting the title report as under - 1) It is observed from the revenue record that.Jn the year 1962-63 the S. No. 163 is owned by Narayan, Shamrao, Balkrishna, Radhakrishna & Gopal Rajajam Shukla. 2) It is observed from the Mutation entry No. 5208 that, the' name of ·protected tenant RarnsharanGirldharTarwala has been mutated in other rights column-of the said property. Thesaid mutation entry is duly certified. (4) .'lG , Offic Chan 'Distri Cell : 3)"" It is observed from the Mutation entry No. 545~ that, as per the applicatton of Rajaram Trimbak Shukla the names of his sons Sharnrao, Narayan, Balkrishna, Radhakrishan & Gopal Rajaram Shukla have been mutated to the said property. The said mutation entry is duly certified.' 4) It is observed from the Mutation entry No. 14894 that, co-owner Radhakrishna Rajaram Shukla expired on 18/6/1975 & after his death the names' of his .legal heirs have been mutated to the said property namely- , 1)' Ram Radhakrishna Shukla 2) Rajendra Radhakrishna Shukla 3) Smt: Prabhavati Radhakrishna Shukla 4) Chan..ishilaRadhakrishna Shukla through minor guardian mother ...... Indirabai Radhakrlsbna Shukla ~ , 5) Indirabai RadhakrlshnaShukla " The said mutation entry is duly certified. 5) It is observed from the 'Mutation entry No. 7016 that, as the protected tenant Ramsharan Giridhar Tarwala was not possession of the said property in continuously preciding two year, hence his name is deleted & 'bracketed. The said mutation entry is duly certified; 6) , The Mutation entry No. 12378 ts ln respect of application of Maharashtra States Weights & ~easuremEmt'lnforcement Act, 195~ & Indian Coinage ," ..... AGt. The said mutation entry Is duly certified. " 7) , It is. observed from . the Mutation entry No. 22190 that, co-owner '. 8alkrishna Rajararn Shukla expired on 6/1"O/f985 & after his death the , ' , ,names of his leg~1 heirs have been mutated to the said property namely- 1)' Radhabai Balkrishna Shukla - Wife 2) 'Sushma Narayan Dhole - Married Daughter The said mutation entry is duly certified. . ",bot ,(~)21c~! ,,' , , ; ", ,..,"" ",et , court " 8)" It is observed trorn the Mutation entry No. 42261 that, co-owner': ::; >,", ~:'."" ' '" Na~ayanRajajan: Shu~la expired 'on ,23/11{1,~8,5. ':he wife of Late Na:~y~?"" ,:,,), '.•.If\!- '\..RaJaram'Shukla IS expired on 10/3/1981. The said Late Narayan Rag:lr,am',' , ' Shukla had no any legaf'he'irstherfore the name-of his brother Gopal Raja~~~: ,~ ',~,' ',/ Shukla, has been mutated to .the said property as' his legal heir. The said ,'mutation entry ts.duly certified. , , 9), ,tt'is 'observed from the Mutatio'n entry 'No; 476,80 that, co-owner .' '. " Sham'rao RalarallJ.Shukla expired on 25/211971 & after his death the names of his '\ega\.heirshave been mutated to the said property namely- , , 1) 'Smt. Bhikutai Sharnrao Shukla (expired on 14/6/1968) 2) Sumanbai Sharnrao Shukla {unmarried dauqheter expired on 7/9/1981 :; ............""_JII>I' .. --.. __ ... :....-.:.._ -~-""---r-- ----- 'B.Com: LL.b Advocate Office: \. Resi. : ,Chamber No, 214, Buildin,gNo.2, 401, Lotus Apartment, Near Navashya District Court, Nashik Ganpati Mandir,Anandvall], Cell: 9420ey 92760 N~shi'k-422013" Date : 18/06/2019 3) Late Laxmibai Pandurang Naqarkar (Married daughter) , her legal heirs..;.' " , . . '. - ,~ a) Vidyadhar Panduranq Nagarkar - (Unmarried Son expired on 19/9/2002) b) Achyut Pandurang Nagarkar - ,Son expired his legal heirs - 1,)Bhaskar Panduranq Nagarkar - Grandson 2) Sudhaka~ Panduranq Nagarkar - Grandson , , , 3} Sharad Pandurang Nagarkar - Grandson 4) Smt. Sudha Achyut Naqarkar - Grand daughter-in-law . , . 5). DevendraAchyut Naqarkar - Son of Grandson. The said mutation 'entry is 'duly certified, 10) It is observed from the General Power of Attorney dated , . 12/111 , 1991 that,' Shri. Gopal Rajaram, f\1rs.Maltibai Gopal Shukla, Shri. Prabhakar, Shti. Bhalchandra Gopal Shukla, Mrs. Nalini Chandrashekhar Halkunde ," " :, ';:' :~ ',.l : ~, ",:t, .:& Mrs. Anjali Anil Barde have executed the General Power of Attorney in . respect of S. No. 163 in favour.of Shri. Suhas & Madhusudan Gopal Shukla ',,' . ,on~111/1991 which is duly notarised with Bhaskar Anandrao Pawar, Ad~ocate , . & Notary, ' "'1' .: . , 11) ,It is observed !rom the General Power 0.1 Attorney dated 30/9/2900 that, Shri, Prabhakar, Shri, Bhalchandra, Shri, Madhusudan & Shri. Gopalrao Shulka have executed the General Power of Attorney in respect of S. No. 163 in respect of their un-divided share in favour of Shri. Suha's GapaJ Shukla on 30/9/2000 which is duly notarised with Chand mal Motilal Bora, Advocate & Notary. 12) It is observed from the Development Agreement dated 20/11/2001 that Shri. Bhaskar, Vidyadhar, Sudhakar & Sharad Pandurang Nagarkar, . '.' Smt. Sudha & Devendra Achyut Nagarkar through their ,GPA Suhas Gopal Shukla have executed the Development Aqreernent in respect of their share ,20c:ljo admeasuring H 2-02 Rout ot'(3'at No'. 163 in favo~r of Shn. Prabhakar, Shri. Bhalchandra, snn. Madhusudan '& Shri. Gopalrao Shulka on 19/111 2001:,the said Development Agreement is duly registered in the' office of The Sub-registrar of Nashlk-t at serial ,No. 15678/2001 & accordingly the names of Prabhakar Gopalrao Shukla & others 3 have been mutated in other rights column of th'e said proper:ty.vide mutation entry No. 48205.' . , The said ,rnutation entry is 'duly certlfled. ' (6) OffiCE! Chain' .urstric . " Cell : 1.3) It is observed from the Mutation entry No ..56890 that, co-owner . .' Gopal Rajaram Shukla expired on 5/9/2001. &··after·his death the names of his legal heirs have been mutated to the said property namely- . 1) Malti Gopalrao Shukla - Wife 2). Prabhakar Gopalrao Shukla - Son 3) Bhalchandra'Gopalrao Shukla - Son 4). Madhusudan Gopalrao Shukla :~.Son 5) Suhas Gopalrao Shukla - Son .. 6) Mrs. Nalini Chandrashekhar. Halkunde - Married Daughter 7) Mrs. Anjali Anil Barde - Married Daughter '.The said mutation entry is duly certified. '.' _ . 14) '" It is. observed from the Exh. 1 of SCS No. 198/2008 th~t, Shri. Ana'y Prabhakar Shukla & Shri. Arney Prabhakar Shukla filed scs No .. 198/2008 aqalnst Smt. Malti Gopalrao Shukla- & others 73 for partition & the dev.elopment agreement & sale deed not binding on the plantiffs .in respect of S. No. 163 & other properties. It is further observed from .the copy of Exh. 16 in SCS No. 1981 . . . 2008 that, the plantiffs Anay Prabhakar Shukla- & 'other 1 have filed the pursis in the court that they do not.want to proceed the suit against Oef. RATNAPAAtCHI \/1' No. 20 to 73 in 'respect of the suit properties described 'in column No .. 1A & B. The column 1A is in respect of subjectmatter of title survey No. Chamber Neo. 214. 163. And accordingly as per the order of the court passed on Exh. 116 l"\istric1 Corft Co .~, the names.of the Def. No. 20 to 73'have been-deleted from the said suit. 15) . The Lis-Pendance notice in respect of SCS No. 198/2008 has been . .' ....... :: . registered by Shri. Anay Prabhakar Shukla & other 1 in .the office ·of.Sub~: Ragistrar of Nashik on 26/12/2008 which is duly registered at serial No. 10431/2008 & accordlnply the notice of the said suit sCS 198/2.008 has been registered .in the other rights column of the S. No. 163 vide mutation entry No..63460. The said rnutatiorrentry is rejected by the Circle Officer, ~shik ... 16) . As mentioned in para 1..5hereinabove th-at, the names of Oef. No'~' 20 to 73. t).ave be~n deleted as per the order passed by the Hon'ble court on Exh. 116, & further the plantiff in tfie said suit SCS 198/2008 do hot ~ 'want to proceed against Oef. No. 20 to 73, therefore the· Development Agreement & the sale deed mention in the said suit have no any effect of the SCS 19.8/2008 pending in the court. '17) It is observed from the General Power" of Attorney dated 30/091 ; 2000 that, Shri. Bhaskar, Sudhakar, .& .Shri. Sharad Pandurang Nagarkar, Smt. Sudha & Devendra Achyut Nagarkar have executed the General Power ; • ',U " •• U tJU' n••I I ... .. ,. , B.COm: LL.b Advocate, Office: Resi. : . Chamber No. 214, Building No.2" 401, Lotus Apartment, Near Navashya District Court, Nashik Ganpati Mandir, Anandvallij Cell : 94209 92760 Nashik-422013 .' ,l Date: 18/06/2019" , , of Attorney-in respect' of'their share in S. No. 163 in fivo'Uf of Shri. Suhas Gopal Shukla' on:30/09/2000 which Is dulY-'notarised with Bhaskar An~tlrao Pawar, Advocate & Notary. 18) It is observed from the Development Agreement dated 20/10/2006 that . Smt. Maltibai, Shri. Prabhakar, . Bhalchandra, . Madhu~'udan .' & Suhas.. 'Gopalrao Shukla & Shri. Bhaskar,' Sudhakar, Sharad Pandurarig Nagarkar, Smt. Sudha & Devendra Achyut Nagarkar through their GPA Shri. Suhas Gopal Shukla have executed the Development Agreement in respect of 60% their undivided share in the S. No. 163 admeasuring H 6:'06 R in favour of Shri. Rajendra Rasiklal Shah & Shri. Vilas Raslklal Shah on 201 10/2006 ..The said Development Agreement is duly reqistered in the office of the Joint ~:,ub-Registrar, Class-II, Nashik-1 at serial No. 732312006. And accordingly vide, mutationentry No. 66814 the names of Rajendra & Vilas Rasiklal Shah have been mutated, in other rights column of Gat No. 163. The said mutation entry is duly certified. " 19)It is observe'd from the Agreement of Sale dated 10/12/2007 that, " ShrL Prabhakar, Bhalchapdra, Madhusudan, & Suhas Gopalrao Shukla AlftCHl 'IIVEK VASAHa"& srnt. Nalini Chandrc;lshekhar Halkunde, Mrs. Anjali Anil Barde, through . i ' I.Com •. LL. • . ' " • ADVOCAfftheir GPA Prabhakar Gopalrao Shukla & others & Shri. Bhaskar, ShrL Sudhakar I' Mel"2,14,Building No,~,& Sbarad Panduranq Nagarkar &'Smt. Sudha & Deveridra Achyut Nagarkar t C.satrtComDound;Nltl~ ~ '. , ': ) . ." " , through..their GPA Shri. Suhas Gopal Shukla through GPA Shri. Vilas RasikJal Shah have executed the Agreement of Sale in respect of their undivided :. I',,:' 60% share admeasuring H 6-06 R in favour of Shri. Rajendra & Vilas Raslklal Shah, Shri. Kanhaiyyalal Chetandas ManWani, Shri. Dinesh & Vinod Kanhaiyyalal Manwani on 10/12/2007. It is further observed from the said Agreement of Sale that, the said Agreement of Sale dated 10/12/2007 is executed on, stamp of Rs: 100/-. The said Agreement of sale is impounded by the Collector of .Starnp, Nashik u/s. 33 of Bombay Stamp Act, 1958 & accordingly the deficit amount of stamp duty Rs. 31,29,900/- & the amount of penality of Rs. 30,67,3021 - has been paid by Vinod Kanh~iyyalal Manwanf in treasury" Nashik on , . 6/1/2012 & accordingly, the certificate 'ute, 41 is iss~ed by the Collector 'of Stamp by the Collector of Stamps, Nashik on 6/112012 & the' said Agr~ement ofSale is certified as properly stamped. 20) It . is observed from the Confirmation . Deed dated 6/112012 .' that Prabhakar Gopal Shukla, Smt. Kunda & Shri. Anay Prabhakar Shukla, Shri. ,Bhalchandra Gopalrao Shukla, Mr~. Maya, 'Shri. Arnot Bhalchandra Shukla, . :: ' , (8) ,~G ' , .. : ,':Offic , ,~haIT Di,stri , 'Cell : .Shri, Madhusudan Gopalrao • Shukla, Mrs. Rekha, ShrL Ameya, & Smt. Anuja . .:.'_ , ,," ' " ' , Madhusudan Shukla, Shri. Suhas Gopalrao Shukla, Mrs. Mrudula, Shri. Sourabh, SI11t.Sampada Suhas Shukla" Shri. Bhaskar, Sudhakar, & Sharad ' Pandurang Naqarkar, Smt. Sudha & Shri. Devendra Achyut Nagarkar, Mrs: Nalini Chandrashekhar Halkunde &,Mrs. Anjali Anil Barde (as exec.utor ~ , , , ~~ ~uiR) have executed the Deed of Confirmation to the Aqreernent of Sale dated 10/1212007 in favour of Shri. Rajendra & Vilas Rasiklal Shah, Shti. KanhaiyyalaJ Chetandas Manwani, Shri., Dinesh & Vinod Kanhaiyyalal Manwani (as executee - 'f<;t~;:; ~Uf!X) on 6/1/2012 which is duly registered in the, office' of the Joint Sub-Registrar, Clas.s~ll, Nashik-S at serial No. 213/2012. ,:' , . It is observed from the Special Power of ..'Attorney .dated 261121 .' '2011 that, Shri. Bhalchandra Gopalrao Shukla, Mrs. Maya: '& Shri. Amol Bha~chandra S~ukla have executed the Special Power of Attorney'-'h ~espect , of S. No. 163 in favour of Shri. Vinod Kanhaiyyalal Manwanl on 29/121 , " 2011 which is,duly registered in the office of the' Joint Sub-Registrar, Class- II, Nashik ..5 at-serial No. 215/2011. The Deed of Confirmation to the Agreement of Sale dated 10/1212007 is presented by Shri. Vinod Kanhaiyyalal Manwani as ~pecial Power of Attomeyholder .of Shri. Bhalchandra Gopalrao Shukla, Mrs. Maya, & Shri. Amol Bhanchandra Shukla. 21) It is observed from the Aqreernent of Sale dated 09/12/2009 tha], ',' Shri. Ram RadhakrishnaShukla, Shri. Rajehdra& Smt. Charushila Radhakrishna . :': _MIHI V. Shukla have executed the Agreement of Sale in 'respect of their undivided QArN..: ' ,,'" , - .' .. " ,share admeasuring H 3-03 R in favour of Shri. Rajendra Rasiklal Shah.. MIs. Bagad Associates through its Prop. Deepak Ramchandra Baqad, Chadd.., N~~'1~ I"'istrtct Co- ,f r- M/s...Bagad properties through its partner Shri. Deepak Ramchandra Bagad, ' MIs. Bhatambrekar & Co. through its partner ,Shri. Sanjay Bhaskarrao Bhatambrekar, Shri. Bhaskar Gopalrao Bhatambrekar, Mrs. Vrushali Vija)"../ ' , \.~ Bhatambrekar, Shri. Ankur Sunil Kasliwal, Shri. Shrenik Shashikant Surana ~ ~ on 9/12./2009. . " , ltlsfurther observed from the said Agreement of Sale that, the 4~id Agreement of Sale dated 9/12/2009 is executed on stamp of Rs. 1001 ' ' .4 tY--~./ -. The said Agr~ement otsale is Impounded by the Collector of Stamp, '. , . Nashik u/s. 33 of Bombay Stamp Act, 1958 & accordingly the deficit amount . , , of stamp duty Rs. 37,49,9001- & the amount of penality of Rs. 18,24,9501 ,;.has been, paid by Rajendra Rasikfal'Shah in treasury, Nashik on 4/11 2012 & accordingly the certificate u/s. 41 is issued by the Collector of' Stamp by the Collector of Stamps, Nashik on 5/1/2012 & the said Agreement of Sale is certified as properly stamped. " , , 22) ,IUs, observed from the Confirmation Deed dated 4/1/2012 that, Shri. Ram RadhakrishnaShukla, Shri. Rajendra& Smt. Charushila Radhakrishna Shukla (as executor - ~;:r •• ~UfR) have executed the Deed of Confirmation t· •• .:»: B.Com. LL.b Advocate )Office : Resi. : , J.chamberNo. 214, Building No.2, 401, Lotus Aparfment, Near Navashya , iDistrict Court, Nashik Ganpati Mandir,Anandvalll, 'Cell: 94206 92760 Nashik-422013 ',' Date: 18/06/2019. to the Agreem,ent of Sale dated 9/1212009, in favour of Shri. Raiendra Rasiklal Shah, Mis. 8agad Associates through 'its Prop, Deepak Ramchandra Begad, MIs. Bagad properties throuqh its partner Shri. Deepak Ramchandra Baqad, MIs. Bhatarnbrekar & Co. through its partner Shri. Sanjay Bhaskarrao Bilatambrek~r, Shri. Bhaskar Gopalrao Bhatambrekar, Mrs. Vrushatt Vijay , Bhatambrekar, Shri. Ankur Sunil Kasliwal, Shri. Shrenik ShaShi1<:antSurana .tas executee - ~ $m) on ~/,1/2012 which is duly registered in the office of the Joint Sub-Registrar, Clas7-1I, Na,shik-2 at serial No. 229/2012,' , , /~ , It is observed from the Special Power of Attorney dated 29/121 2011 that, Shri. Ram Radhakrishna Shukla, Shri. Rajendra & Smt. Charushila Radhakrishna Shukla have executed the Special Power of Attorney in respect of S. NO.·163 in favour of Shri. Karan Rajendra Shah on 29/1,212011 which is duly registered in the office of the Joint Sub-'Registrar, Class-Il, Nashik- .. : 2 at serial No. 15614/2011. The Deed of Confirmation to the Agreement of Sale' dated 4/1/2012 is presented by Shri. karan Rajendra Shah as Special . . . .,. Power of Attorney holder of.Shri. Ram Radhakrishna Shukla, Shri. Rajendra & Smt. Charushila RadhakrishnaShukla. '/ ' 23) It is observed from the Special Power of Attorney dated 20/101 .ARiHI, VlVEK VASAN2006 that, Srnt. Maltibai, Shi'i. Prabhakar, Bhalchandra, Madhusudan & , " ,,, B'~C:o~;f~UJlas Gopalrao Shukla "&," snn. Bhaskar, Sudhakar: Sharad Panduranq ••,.A~p:,2'14,.Butldlng:~.Pi~ag\rkar"Smt. Sudha & Devendra Achyut Nagarkar through their GPA t " • f""", '1nlJnd, N-asll< .•.• ' e ,~oJ, Shri. Suhas Gopal Shukla' have executed the Special Power ofAttorney in respect of S. No. 163 in respect oftheir un-divided share 60% i.e. H 6-06 R in favour of Shri. Vilas Rasiklal Shah on 20/10/2006 which is duly ~~. )" AJ/ " registered in the office of the Joint Sub-Reqistrar, Class:-ll, Nashik-1 at serial No. 7324/2006. 7 /_~' 24) It is observed from the Mutation entry No. 68247 that, co-owner ~, .lndirabal Radhakrishna Shukla expired on 28/8/1998 & after her death , ,,'the' names of her legal heirs have been mutated to the said property which _/' .are already mutated by mutation entry No. 14894 namely- 1), Ram Radhakrlshna Sh,ukla -,Son .2) Jitendra Radhakrishna Shukla - Son 3) Charushila Radhakrishna Shukla - Daughter The said mutation entry is duly certified. 25) It is observed from the Mutation entry No. 68249 that, co-owner Sushma Narayan Dhole expired on,21,/11i2008 & after her death the names of her legal heirs have been ,mut~ted to the said property namely- :tj ., Dffi( (10) Chal Distl Cell 1) Mrs. Lalita Hemant Panchaksharl ,- Daughter 2) ShrL Prasad Narayan Dhole - Son 3) Shri. Abhijit Narayan Dhole - Son 4) Shri. Anirudhha Narayan Dhole - Son The said mutation entry is duly ,certified. 26) It .ls·observed from the' Mutation entry No.··76363 that; co-owner . . RadhabaiBalkrishna Shukla exp!red who has legal heir Late Sushma Narayan Dhole. The legal heirs of Late Sushrna Narayan Dhole have been mutated . " to the . said property vide mutation entry No. 68249 & the name of Radhabai , Balkrishna Shukla is deleted & bracketed. The said mutation entry is duly , certified. .~ 27) . It is obs,erved from the Exh. 1 of SCS No. 62312012 th~Mrs. Nalini , Chandrashekhar Halkunde filed SCS No. 62312012 against Shrl. Prabhakar Gopal Shukla & Others 80 for partition & for declaration the development agreement dated 4/1/2012 & .sale deed dated 6111/2012 are not bihdir.l9 on the plantiffs in respect of S. No. 163 & other properties .. It is further observed from the copy of Exh. 58 in SCS No. 6231 . . ' 2012 that, the p'lantiffs Nalinl Chandrashekhar Halkunde & Oef. No.5 AnjaJi Anil Barde have filed the. pursts in the court that plaintiff do not want to proceed the suit against Def. No. 18 to 81 in respect of the' suit properties described in column No. 1A & B. The column 1A is in respect of subject :',.' .'. . .. , m'~tter of title survey No.,163. And accordingly as per th,e.order of.the ,.;.:.:.) ;~'1Jw court passed on Exh. 58 the names' of the Def. No. 18 to 81 have be~lNA~~'., ",") deleted from the said suit. '. '.' .,: ~A . . \. . n ",be' "0.'....' It is observed from the Exh.58 that, the, plaintiff & Defendant No. ~,,~~, COUll 5 have admitted the sale deed dated 4/1/20 1~ registered at serial No. ~ 22~/2012', the sale deed dated 4111201"2registered at serial No..2301201'2, , . 'the sale deed dated 6/112012 r~gistered at serial No. 21812012, the sale deed dated 19/10/2006 registered 'at serial No. 7~22/2006·. . . 28) TheLis-Pendance notice in respect of SCS No. 623/2012 has bee -",\._ . ' .' . . registered by Mrs. Nalini Chandrashekhar Ha!kunde in the office of Sub- , Raqlstrarof Nashik on 24110/2013 which is duly registered at serial No. 11274/4~13 & accordingly the notic~ of the said suit SCS 62312012 has 'been registered in the other rights coJumn of the S..No. 163 vide mutation entry No. 91300. It is further observed from the Us-pendence notice cancellation . , . ...",- deed dated 1'6/10/2015 that, as the compromise has taken place in between Oef. No. 18 to 81 & their names have deleted from the suit.No. 623/2012 hence the' Lis-Pendance notice registe,red on 24/1012013 is cancelled by' plalntiffMrs. Na'lini Chandrashekhar Halkunde. - --_ .._,--_ ..---- B.Com. LL.b Advocate Office: Resl. : thamber No. 214, Building No.2, 401, Lotus Apartment, Near NaVashya 'District Court, Nashik Ganpati Mandir, Ariandvalli, Cell ~94206 92760 Nsshlk-422013 . Date ,: 18/06/201,9 , _.r' 29) As mentioned" in para 28 hereinabove that, the names of Oef. No. 18 to' 81 have been deleted as per the order passed by the Hon'ble'oburt on Exh. 58, & further the plantiff in, the said suit SCS' 623/2012 do riot want to proceed aqainst Def. No. ,1-8 to .78'1, therefore the Development Agreement & the sale deeds mention in the said suit have no any 'effect of the SCS 623/2012 pending in the court. '30) It is observed.from the S~le Deed dated 4/1/2012 that, Mrs.Lalita , Hamant Panchakshri, Shri. Shreeprasad, Abhijit Narayan Ohole, Mrs. Tanuja Abhijit Dhole, Ku. Sanjana '& Vedang Abhijit Dhole through minor ~uarqial1 Abhijit Narayan Dhole, Anirudhha Narayan Dhole, Mrs. Pradnya Anirudhha , Dhole, Ku. Aditya & Ajinkya Anuudhha Dhole ~hrough minor guardian Anirudhha Narayan Dhole have executed the, Sale Deed in respect of. their undivided share in S. No. 163 admeasuring H 2-02 R in favour of.Shri. Vilas Rasiklal Shah, Mfs. Bagad Associates 'through its Prop. Oeepak Ramchandra Baqad, MIs. Baqad properties through its .partner Shri. Deepak Ramchandra Bagad, ,M/~. Bhatambrekar & Co. through its partner 8hri. Sanjay Bhaskarrao Bhatambrekar, Shri. Bhaskar Gopalrao Bhatambrekar, Mrs. Vrushali Vijay . '. . Bhatambrekar on 4/1/2012. The saldSale Deed is duly registered in the " " ",-'.,'N£\( lll'.'f. ),"~ 'ft\ ' ,,~,~ll , ~\::il: " office of the Joint Sub-Registrar, "Class-:-II;,Nashik-2 at' serial No. 228/2012. ,v,idemutation entry J'.l0' 77966 the names, of above mentioned 'An,~.:,.,~accordingIY ~ "'C:{)\;n~f\lE purchasers have been mutated to the said S. No. 163 in respect of the '," ,tlo.',(, . .A' ~,~.(t:"9 ·,d. Na~ Na~t, 'area purchased by them. The said mutation entry is duly certified. ' cour1: It is further observed from the said S?le deed dated that, the Agreement _)f:.r-t......vi' of Sale dated 4/1/2012 executed is impound by the Collectorof Stamps & the deficit of Stamp duty Rs. 25,99,90Q/- & the penality Rs. 12,99,9501 ,~ -has been paid in the treasury on 4/1/2012 & 'the' confirmation deed in ~ respect of the said Aqreernent of Saie is duly registered at ~erial No. '2-271 " , 2012 hence the above sale deed is registered on thestamp duty of , Rs. 100/- ,31) It is observed from the Sale De~d dated 6/1/2012 that, Prabhakar Gopai Shukla, Smt. Kunda & Shri. Anay Prabhakar Shukla, Shri. Bhalctiandra Gopalrao Shukla, MrsMaya, Shri. Arnot Bhalchandra Shukla, Shri. Madhusudan Gopalrao Shukla, Mrs. Rekha, Shri. Ameya, & Smt. Anu]a Madhusudan Shukla, Shri. Suhas Gopalrao Shukla; Mrs. Mrudula, Shri. S,ourabh, Smt. Sampada Suhas Shukla, Shr]. Bhaskar, .sudhakar, & Sharad Pandurang Nagarkar, Smt. Sudha & Shri. Oevendra Achyut NagarJffil ~hal Pistl ~ell has been mutated to the said S. No. 163 in respectof the area purchased. '= by them. The said mutation entry is duly certified. 41) It is observed from the Mutation entry No. 89073 that, Dinesh & Rakesh Murlidhar Khemani have received the area admeasuring 4050 Sq. MtrS out of S. No. 163 from . Vrushali Vijay Bhtamrekar .. py virtue of the exchange . deed executed between themdated 29/4/2013 which is duly reqistered in the' office of Joint Sub-Registrar, Class-ll. Nashik-5.at serial No. 5326/ 2013 & accordingly the name of Dinesh & Rakesh Murlidhar Khemani have been mutated to the said property in respect of the area purchased by.. them. The said mutation entry is duly certified. It is further observed from the 'said mutation entry. that Dinesh & Rakesh Murlidhar Khemani have exchanged the plot No.•.8;9, 10.12 & 13 out of S. No. 277/3+1+2 to Vrushali Vijay·Bhatamrekar; Shri. Vila~ Rajendra . . ..".. . Rasiklal Shah, MIs. BaqadAssociates through its prop. Oeepak Ramchandra Bagad, Mis. 8agad properties through its partner Oeepak Ramchandra Bagad, Mis. Bhatambrekar & Co. through its partner VrushaliVijay Bhatarnbrekar . '. . & Bhaskarrao Gopalrao Bhatambrekar have consented the said exchange deed -. 42) It 'is observed from the Mutation entry No. 91206 that, Mis. 8agad '. Associates through its Prop. Deepak Hamchandra Baqad, MIs. BagQ·a--. 'properties throuqh its partner oe,epak Rarnchandra Bagad exe~uted th~.. '. .~.~~ sale deed for the area admeasuring H .0-60 R out of S. No. 163 In favour '. ~~ ... .of Shri: Deepak Bhaqwandas Motwani & Brijesh Rameshlal Nandwani o~~i~'" , ., 26/3/2013. The said Sale deed is duly registered in the office of the JOint. . ,l(". Sub-Registrar, Class-ll, Nashik-5 at serial No. 3730/2013 &'accordingly v".~~~ Gtc·· . . the name of purchasers have been mutated to the said S. No. 163 in respect t-\'6'; of the area . purchased by them. The said . 'mutation .' entry is duly certified. . It is further observedfrom the said mutationentry that Mfs. Bhatambrekar ~ s CO. through its partner Sanjay Bhaskakrrao Bhatarnbrekar, Bhaskarrao /()L "/ ·GopalraoBhatamrekar & Vrushali Vijay Bhatamrekar, & Shri. Vilas & Rajendra ~.' 'J ~/./.. Rasiklal Shah .have consented the said Sale· deed, ~ / ';'~3) It is observed-from the Mutation entry N~~9270.8 that, Bhaskar Gopal . Bhatambrekar expired on 19/12120.13. The Late Bhaskar Gopal Bhatambrekar .. . has prepared a Will on 2-8/10/2013 which is duly -registered, as per his' Will, the. area admeasuring 1370 se. Mtrs, out' of 6850 Sq. Mtrs. is given to Sanjay Bhaskar Bhatambrekar, the.area admeasuring 1370 Sq. Mtrs, . out of 6850 sq. Mtrs. is given to Aditya Jayant Bhatambrekar, the.area admeasuring, 2740 Sq. Mtrs, out of 6850 Sq. Mtrs. is given to Deepshri Jayant Bhatambrekar, & the area admeasuring 1370 Sq. Mtrs, out of 6850 Sq. Mtrs, 'is given to Vrushali Vijay Bhatarnbrekar, However, it is observed by the CircleOfficerthat as the' area of Late Bhaskar Gopal Bhatambrekar • ,-..••• ""t'~ •• ,... • •.•• ~.In .:w bffice: .' Resi. : . . B.Com. LL.b· Advocate Chamber NO. 214, Building No.2, 40'1, Lotus Apartment, Near Navashya pistrict court, Nashik Ganpati Mandir,Anandvalll, pell : 94206 92760 Nashik-422013 . ============================================~=========t . 'Date : 18 r06 12019. was not mentioned before his name, therefore the Circle Officer has certified the entrywithout .... mentioning the area given as per Will'to the above res~cted \.' " . persons & the names mentioned in the Will have been mutated to the said ~ ·property. The said mutation entry is duly certified. 44) It is observed from the Mutationentry No.A-499 that; MIs. Bhatambrekar ·& Co. through its partner-Sanlay Bhaskakrrac Bhatambrekar, Bhaskarrao ·Gopalrao Bhatamrekar & Vrushali Vijay Bhatarnrekar through GPA Sanjay Bhaskar Bhatarnbrekar, M·ts. Bagad Associates through its. Prop. Oeepak Ramchandra Bagad through Special Power of Attorney Ajinkya Chandrakant Bagad, Mis. Bagad properties through its partner Ajinkya Chandrakant Bagad, ShrLVilas & Rajendra Rasiklal Shah through Special Power of Attorney Shri. Sudhir Avhad have executed the sale deed forthe area admeasuring H 0-39.50. R (out of their own area admeasuring 0-46 R) out of S. No. 163' in' favour of Shri. . . Dinesh & Rakesh .. Murlidhar Khernani on 26/3/2013. The said SaJe deed is duly 'registered in the office of the ·Joint Sub-Registrar, Class-II, Nashik-5 at serial No, 3731/2013 & accordingly .........: . e.~,~". the name of purchasers have been mutated to the said S. No. 163 in respect ..,.: .' ~~ ~~'a ~\,..~~ . of the area purchased by- them ..The said mutation entry is duly certified. ~~ ~"". o~·· G~1 ~ t .• ~.~"'~~, "o~ 45) It is observedfrom the Mutation entry No. A-500 that, Shit Rajendra .•,~. ~3 & ~s Rasiklal Shah, Shrenik Shashikant Surana (HUF), have executed . the sale deed for the area admeasuring H 0-82.3 R (out of RaJendra & Vilas Shah - 0-72.3 R & Shrenik surane 0-10 R) out of S. No. '163 infavour of Shri. Kanhaiyyala! Chetandas Manwani; Shri. Dinesh & Vinod Kanhaiyyalal . Manwani on 28/3/2013. The said Sale deed is duly registered in the office of the Joint Sub-Registrar, . Class-II, Nashik-5 at serial ..No. 3851/2013 & accordingly the name of purchasers have been mutated tothe saidS. No. 1133in respect of the area purchased by them. The said mutation entry : . is duly certified. The' said mutation entry is duly certified. . .~ . . f . '1 r 46) .. from the record that the owners It is further observed .. of S. No. 163 ·Shri. Vilas Rasiklal Shah & Others prepared the lay-out in respect of the S. No. 163, the said tayout is ·duly finally approved by The Asstt. Director t . of Town Planning, Nashik 'Municipal Corporation, Nashik by its letter No. Nagarrachna Vibhag/AntimfC-1/24 dated 24/1112015. The said land is duly· converted into non-agricultural use as per the order of Collector of Nashik by its order No. MahlKaksh-3/4/Bi.$he.Pra.Kra/149/2013 dated 30/5/2013 & accordingly the' revenue record is prepared as per the final approved lay-out vide mutation entry No. A~501. !~ 'u )ffj( (16) 'i:hal )istr ~eU 47) it is further observed from the Deed of-Memorandum of Understandinq dated 10/1212015 that, the said Merncrnadurn of Understanding is executed . ~ . between Kanhaiyyalal Chetandas Manwani, Party t:Jo. 1 & Others Par-ty No. 21 total parties NO.·22 (the respective owners 01: S. No. 163). It is further observed from the said MOU that the said owners have prepared the separate three layouts in respectof S. No. 163 which are tentatively a.pproved by the Nashik Municipal Corporation, Nashik. After the approvalof the said tentative lay-out, the said land $. No. 163 is measured . by TILR. Nashik & as per the letter of TI LR No'. 850, 851, 852/15 dated .9/3/2015, the Karni-JastPatrak is prepared & as per the order of Tahasildar, .. Nashik, the said S. No. 63 is sub-divided as S. No. 16,3/1, 16312' &'.1631 ;-""\ 3 & after that the final lay-out is duly approved by 'The Nashi~ Municipal' Coporation. '. ~. It.is further observed from . the said MOU that, the final .. lay-out .in respect of S. No. 163/1 is approved by The Nashik Municipal Corporation, . Na~hik' by its letter No. Nagarrach~a Vibhag/Antir:n/C-:-1/25 dated 24/~ 11 2015'& the said land is duly converted into noli-agriculture use as per the order of Collector . of Nashik by its order No. Mah/Kaksh-3/4/BLShe.Pra.Kral ." 148/2013 dated 1H5/2013. " It is rurtnerobserved from the said MOU that, the f'inal lay-out in ~A..~~APAJtt:..n .respect of S. No. 163/2 is approved by The Nashik Municipal Corporation, : " Nashi.k QY its letter No. Naqarrachna Vibhag/Antim/C-1/24 dated" 2"4/111 ". ~hambe;~ 2015 &·the said land is duly converted into non-agriculture useas per' f"I;strlct C."'\ the order of Collector of Nashik by its order No. Mab/Kaksh-3/4/Bi.She.Pra.Krai .). ~ dated 3015/2013. $0. / 149/2013 .' .' It is further observed from the said MO~ that, the final lay-out in . respect of S. No. 163/3 is.approved by The Nashik Municlpal Corporation', . .' y~" .' .Na~hi·k by its letter No. Nagarrach~a Vibhag/Antim/C-1/26 da't'ed 24/11.~ 2015 & the' said land is duly converted into non-agriculture use as per the order of Collector of Nashik by.its order No. MahlKaksh-3/4/Bi.She.Pra.Kral . ····~47!2013.dated 30/5/201.3. ' .. . '.It is further observed from the said MOU that, the respective owners of. S. NO.:.163 have partitioned & got their plots as per their share in the land & accordtnqly the subject matter .of Title Certificate Plot NO.·18 out of S. No: 163i2 isqlven to the shareof Shri.Vilas & Rajendra Rasiklai Shah. 48). It is further observed from the record that, as mentioned hereinabove· the final lay-out in respect of S. No. 163/1','1~312 & 163/3 have been prepared . .' .. & converted "into non-agriculture us~ & as' per the contents of MOU & as ,_ ....~··r·' ' - ..... .. .. - _ .. )