Shri. Ramesh Maganlal Sanghavi And ORS v. Shri. Kantilal Shankarji Rajgor And ORS

Bharat D.

Pandit by Bharat D.

Pandit Date:

2020.11.27 14:38:47 +0530 1 9.1109.2020 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1109 OF 2020 Ramesh M. Sanghavi and others ....Petitioners V/s.

Kantilal S. Rajgor & Ors .....Respondents WITH CIVIL REVISION APPLICATION (ST) NO. 1273 OF 2020 [NOT ON BOARD] WITH INTERIM APPLICATION NO. 1 OF 2020 [NOT ON BOARD] Kantilal S. Rajgor & Ors .....Applicant V/s.

Ramesh M. Sanghavi and others .....Respondents Mr. J. S. Kini i/b Ms. Sapna Krishnappa for the Petitioner Mr. Ashok Saraogi for Respondent.

CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 27, 2020.

2 9.1109.2020 wp.doc P.C.:

1] Heard respective counsel at length.

2] Shri. Saraogi, learned counsel appearing for Respondent on instructions submits that so as to show bonafdes, Respondentjudgment debtor shall deposit an amount of Rs. 25,00,000/- in Execution Proceedings No. 149 of 2015 arising out of RAD Suit No. 1356 of 2008 within period of 4 weeks from today, of course without prejudice to the rights of the Respondent in pending Suit No. RAD No. 1223 of 2015 pending on the fle of Small Causes Court, Bombay. 2] Since the statement is made on instructions, same is accepted as an undertaking.

3] As a consequences of above, both proceedings i.e. Writ Petition No. 1109 of 2020 and Civil Revision Application (ST) No. 1273 of 2020

3 9.1109.2020 wp.doc stand disposed of.

4] As a consequence of disposal of Writ Petition and Civil Revision Application, all pending interim Applications in the proceedings are also stand disposed of.

5] Needless to clarify that this Court has not decided the exact market value of disputed area of 144 Sq. ft. It shall be open for the Executing Court to decide the issue of compensation on its own merits to which Decree holder is entitled to. [NITIN W. SAMBRE, J.]