M/S. Prithvi Property Developers Thr.Its Partners Shri. Madhav Ramesh Kode And ORS v. Somari Jayram Patil And ANR
osk 4-ao-26-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 26 OF 2019 WITH CIVIL APPLICATION NO. 30 OF 2019 M/s.Prithvi Property Developers Through its partners Madhav Ramesh Kode & Ors.
...
Appellants V/s.
Somari Jayram Patil & Anr.
...
Respondents WITH APPEAL FROM ORDER NO. 27 OF 2019 WITH CIVIL APPLICATION NO. 31 OF 2019 Binit Praful Shah Through COA Vinit Pramodkumar Goyal ...
Appellant V/s.
Somari Jayram Patil & Ors.
...
Respondents • Mr.Sandesh Patil i/b. Mr.Prithviraj S. Gole for the Appellants in AO/26/2019 and for Respondent Nos.2 to 5 in AO/27/2019. • Mr.Pradeep J. Thorat for Respondent No.1 in both matters. • Mr.Prasad S. Dani, Senior Advocate i/b. Mr.Kiran Bhagat for Respondent No.2 in AP/26/2019 and for the Appellant in AO/27/2019.
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.
DATE : 14th JANUARY, 2019.
P.C. :
1] Heard learned counsel for both the parties in both the Appeals.
1/4
osk 4-ao-26-2019.odt 2] Perused the two separate impugned orders passed by the trial Court on 12/12/2018 in Spl. C. S. No.57/2016 . 3] The order passed below the Application at Exhibit-72 is the impugned order in Appeal from Order No.26 of 2019, which reads as follows:
"1.
The application is allowed as follows:
2.
Defendant Nos.2 to 5 are hereby prevented/ restrained from alienating the tenements and creating any third party interest in the buildings under construction on suit property till disposal of the suit.
3.
Costs in cause."
4] Whereas, the order passed below the Application at Exhibit-31 is the impugned order in Appeal from Order No.27 of 2019, which reads as follows:
"1.
The application is allowed as follows:
2.
Defendant No.1 and/or persons on behalf of him are temporarily restrained from alienating the suit property and creating third party interest in buildings under construction on it, till disposal of suit.
3.
The charge of Rs.2,12,00,000/- is created upon suit 2/4
osk 4-ao-26-2019.odt property (i.e. amount of balance price Rs.1,32,50,000/- plus interest of six years @ 10% p.a. on it from 27/05/2013) till disposal of the suit. 4.
All the concern Revenue and Public authorities and officials are directed to take note of charge of above amount in the relevant record of suit property. 5.
Issue letters to District Collector, Palghar and all concern authorities accordingly.
6.
Costs in cause."
5] Learned counsel for the Appellants in both the Appeals fairly concede that the Appellants in both the Appeals are ready to deposit the amount of Rs.2,12,00,000/- as directed by the trial Court while creating the charge on the suit property, without prejudice to their rights and contentions.
6] In view thereof, learned counsel for Respondent No.1 submits that Respondent No.1 may be permitted to withdraw the admitted amount of Rs.57,50,000/- from the amount to be deposited by the Appellants in both the Appeals in the trial Court. 7] Accordingly, both the Appeals are allowed. The impugned orders passed by the trial Court are set-aside, subject to condition that the Appellants in both the Appeals would deposit the amount of 3/4
osk 4-ao-26-2019.odt Rs.2,12,00,000/- in the trial Court within a period of one week from today. On deposit of the said amount, Respondent No.1 is permitted to withdraw Rs.57,50,000/- without any surety.
8] Both the Appeals along with Civil Applications stand disposed of in above terms.
[DR.SHALINI PHANSALKAR-JOSHI, J.] 4/4