M/S. Gada Enterprises v. Mohan Balwant Rao, And ORS

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.02.22 16:39:19 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1060 OF 2019 WITH INTERIM APPLICATION NO.2440 OF 2019 M/s. Gada Enterprises ...Appellant Vs Mohan Balwant and Ors.

...Respondents

...

Mr. Girish Godbole with Mr. Mayur Khandeparkar with Mr. Ranjeev Carvalho i/by Mr. Yogesh N. Adhia for the Appellant. Mr. Vishal Kanade i/by Mr. Devendra Udani for Respondent Nos.1 to 7.

CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 21, 2022.

P.C. :

Pending, Short Cause Suit No.1600 of 2019 instituted by the appellant, for seeking decree, of specific performance, of the th May, 2004 in respect of Plot Development Agreement dated 10 No.684, 631 and 689, Trial Court declined ad-interim relief vide th October, 2019. That order is challenged in this order dated 7 Appeal under Order 43 Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908. Paragraph 8 of the impugned Shivgan 1/3

order, reveals, that the vendors (Defendants) have created rights in favour of M/s. Next Space Realty LLP concerning two suit plot nos.631 and 639, and this fact was neither disclosed by the defendants earlier nor it was within the knowledge of the plaintiffs. Whereafter, plaintiffs filed Chamber Summons No.90 of 2022 for adding subsequent purchaser- M/s. Next Space Realty LLP as defendants. That Chamber Summons is pending for consideration. Additionally, pending suit, defendant no.34-Ansar Irshad Khan passed away. Thus, Chamber Summons No.87 of 2022 is moved to bring his legal representatives on record.

Thus, taking overview of the facts, it would be advantageous and in the interest of justice, if the trial Court is directed to dispose of Notice of Motion No.3353 of 2019, Chamber st May, Summons Nos.90 of 2022 and 87 of 2022 preferably before 31 2022, on its own merits by ignoring the prima-facie observations th October, 2019.

made in the impugned order dated 7 Shivgan 2/3

All contentions of the respective parties are expressly kept open. Appeal is disposed of in aforesaid terms. As the appeal itself is disposed of, nothing survives in the Interim Application therein and same is also disposed of. (SANDEEP K. SHINDE, J.) Shivgan 3/3