Bombay High CourtAO/147/2019disposed off

Shamji Dharamshi Gothi v. Jaliyan Developers, A Partnership Firm

2019-02-14Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER ST.NO.3888 OF 2019 WITH CIVIL APPLICATION ST.NO.3890 OF 2019 Shamji Dharamshi Gothi ..

Appellant

Versus

Jaliyan Developers & Ors.

Respondents WITH APPEAL FROM ORDER ST.NO.3894 OF 2019 WITH CIVIL APPLICATION ST.NO.3895 OF 2019 Premji Hirji Vavia ..

Appellant

Versus

Jaliyan Developers & Ors.

Respondents WITH APPEAL FROM ORDER ST.NO.3897 OF 2019 WITH CIVIL APPLICATION ST.NO.3898 OF 2019 Ganga Dhanji Vavia ..

Appellant

Versus

Jaliyan Developers & Ors.

Respondents WITH APPEAL FROM ORDER ST.NO.3899 OF 2019 WITH CIVIL APPLICATION ST.NO.3900 OF 2019 Devji Dharamshi Gothi ..

Appellant

Versus

Jaliyan Developers & Ors.

Respondents

Mr. J.S.Kini I/b. Ms. Sapna S. Krishnappa for appellants Mr. Piyush Shahwith A.S.Attani, D.Shah and Deep Madnani for respondent Nos. 1 to 4 Mr. Rasik Thakkar respondent No.3 present.

CORAM

SANDEEP K. SHINDE, J DATE :

14th February 2019 P.C. :

Heard learned Counsel for parties. Perused the order dated 16th July 2018 passed by this Court in Notice of Motion Lod.No.1489 of 2018 in Suit Lod.No.833 of 2018. The appellants are the original plaintiffs who have filed the suit for specific performance of the contract. Pending the suit, an application was filed injuncting the defendants - developer, from creating third party rights or interest in the suit property. Ad-interim was refused by the learned trial Judge on 2nd February 2019 and the motion is kept for hearing on 21st February 2019. It is against the order dated 2nd February 2019, this appeal is preferred.

2] Learned Counsel for the respondents- developer submits that by the order dated 16th July 2018 passed by this Corut (supra)

interest of appellants in their respective suit property is protected. Even otherwise, on instructions from the respondents, learned Counsel for respondent submits that till 21st February 2019 the developer - respondent shall not create third party rights/ interest in the suit flats.

3] Parties to appear before the trial court on 21st February 2019.

4] In view of this statement, nothing survives in all these appeals and same are disposed of.

(SANDEEP K. SHINDE, J)