M/S. Goldstar Properties, v. M/S.Sigrun Realities Limited

SHAMBHAVI NILESH SHIVGAN 28-AO-746-2019.odt SHAMBHAVI NILESH SHIVGAN Date: 2022.02.08 11:17:24 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.746 OF 2019 M/s. Goldstar Properties ...Appellant Vs M/s. Sigrun Realities Limited & Ors.

... Respondents ...

Mr. Shreepad Murthy i/by Mr. Abhishek Patil for the Appellant. Mr. C.N.Kumar for R.No.1.

Mr. B.B.Sharma for R.No.5-CIDCO.

Ms. Swati H. Sagvekar for R.No.6.

CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 4, 2022.

(Through Video Conferencing) P.C. :

Heard learned counsel for the parties.

Appellant/plaintiff instituted Special Civil Suit No.51 of 2012 seeking a decree of specific performance of the suit th August, 2008 executed by contract/development agreement dated 13 and between appellant and respondent no.1 (Original Defendant No.1). Pending suit, appellant moved an application seeking interim relief in the nature, that it may be permitted to pay development charges to the planning authority, i.e., CIDCO so as to enable it to Shivgan 1/2

28-AO-746-2019.odt go ahead with the development of the plot in respect of which suit agreement was executed by defendant no.1 in its favour. th The learned trial Court vide reasoned order dated 16 September, 2014 declined to grant interim relief to the plaintiff. That order is assailed in this appeal.

In consideration of the facts of the case, I am not inclined to interfere with the order and permit the plaintiff to pay development charges to the CIDCO as that would amount to granting final relief at the interim stage. That being the case, appeal is dismissed. However, trial Court shall make an endeavour to dispose of the suit expeditiously. Appeal is disposed of in aforesaid terms. (SANDEEP K. SHINDE, J.) Shivgan 2/2