Sachin Nana Shinde And ORS. v. Kumari Meghana Ashok Aru @ Sou. Meghana Pankaj Yadav And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2023.01.31 10:21:53 +0530 INTERIM APPLICATION NO. 1637 OF 2022 IN FIRST APPEAL NO. 266 OF 2022 Sachin Nana Shinde and Ors.

....Applicants/Appellants V/s.

Meghana Ashok Aru @ Meghana Pankaj Yadav and Ors.

...Respondents

---- Mr. Shriram Kulkarni i/b Mr. Sachin Chavan for Applicants/Appellants. Mr. Sarthak Diwan for Respondent Nos.1 and 3. Mr. Anil Sakhare, Senior Advocate a/w Mr. Joel Carlos for Respondent Nos.2, 2A and 2B.

---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 17th JANUARY 2023 P.C. :

1.

This appeal is impugning an order dated 11th October 2021 dismissing appellants' suit. The appeal has been admitted. 2.

This Interim Application is for restraining respondent from alienating or selling or creating third party rights or developing the suit land. Mr. Sakhare for Respondent Nos.2, 2A and 2B who are in possession of the suit land states that those respondents had purchased the land for development and though they did not have any immediate plan of developing or alienating or selling the land, if they decide to do so they shall give alteast four weeks notice in writing about their decision to This order has been modified by Speaking to the Minutes of Order dated 25/01/2023 Purti Parab

2/2 17.1-IA-1637-2022.doc appellant. In view of the statement made by Mr. Sakhare, Mr. Kulkarni states that he is not pressing for the Interim Application and seeks leave to withdraw the same with liberty to approach the court should the need arise. 3.

Interim Application dismissed as withdrawn with liberty as prayed for.

4.

Mr. Sakhare states that the issues involved are very narrow and particularly regarding interpretation of Clause No.21 of the Development Agreement and therefore appeal be listed for final hearing on 2nd March 2023. Mr. Sakhare states that there are other issues who agrees that the issue is narrow.

5.

Before the next date English translation of documents in Marathi have to be filed. Registrar also to take compilation being filed by the parties.

(RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.) This order has been modified by Speaking to the Minutes of Order dated 25/01/2023 Purti Parab