Mr. Shantaram Eknath Parkhi And ORS. v. Shree Dev Sansthan Chinchwad And ORS.

SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3107 OF 2014 IN FIRST APPEAL NO. 958 OF 2012 Shantaram Eknath Parkhi & Ors.

...Applicants

Versus

Shree Dev Sansthan Chinchwad & Ors.

...Respondents

Mr. Kiran Jain with Ms. Neeta Solanki i/b Kiran Jain & Co. for the Applicants/Original Respondent Nos. 3 to 13 Mr. Mahesh Subramaniam i/b Mr. Shirish Venkatesh Pitre for the Original Appellant Mr. A. R. Patil, A.G.P for the Respondent Nos. 2 and 3 (Ori. Respondent Nos. 1 and 2) Ms. Manali Patil i/b Mr. Ashok B. Tajane for the Respondent Nos. 14, 15, 16, 20 and 21 CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 6TH JULY, 2015 P.C. :

1.

Leave to amend typographical error in paragraph 7 of the application. Amendment be carried out within two weeks from today. 2.

Heard learned Counsel appearing for the applicants, learned 1/3

Counsel appearing for the contesting respondents and the learned A.G.P for second and third respondents.

3.

In terms of order dated 8th July, 2013 passed by this Court in Civil Application No. 1957 of 2012, the applicants offered to furnish security. The learned District Judge-19, Pune, by order dated 24th January, 2014 rejected the security offered in terms of lands and permitted withdrawal of the amount subject to furnishing bank guarantee as directed in the said order. Learned Counsel appearing for the applicants invited our attention to averments made in paragraphs 7 and 8 of the application. He states that when inquiry was made by the learned District Judge, the lands set out in paragraph 7 were not offered by the applicant by way of security. From the perusal of the order dated 24th January, 2014, we find that the lands described in paragraph 7 were not considered by the learned District Judge.

4.

We, therefore, dispose of this application by permitting the applicants to make a fresh application before the District Court offering security of the lands described in paragraph 7 of this application. 2/3

5.

After hearing all concerned parties, if the District Court is satisfied that the said lands will constitute adequate security, it will be open for the District Court to accept the said security by modifying order dated 24th January, 2014.

6.

With the above direction, Civil Application is disposed of. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) 3/3