1.Surinder Singh Gouri And ANR. v. Shakuntala Naresh Ahuja
nms216-09.doc sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.216 OF 2009 IN SUIT NO.81 OF 2009 Surinder Singh Gouri And Anr.
...Plaintiffs vs Shakuntala Naresh Ahuja ...Defendant .....
Mr. A.L. Thakkar a/w. P. U. Singh, i/b. M/s. Thakkar And Co, for the Plaintiffs.
Mr. Nigel Quraishy, for the Defendant.
.....
CORAM : S.C. GUPTE, J.
DATED : JANUARY 19, 2015 P.C. :
.
The Notice of Motion is taken out by the Plaintiffs for various reliefs in respect of a purported deed of transfer together with the transfer forms in respect of the suit property, which consists of a flat. 2.
It is the case of the Plaintiffs that the deed of transfer and the forms have been fabricated. There is a cross suit filed by the Defendant seeking specific performance of the deed of transfer and forms. 3.
Learned Counsel for the Defendant submits that the originals of the deed of transfer and the forms described in prayer clause (a) of the Notice of Motion have already been deposited by the Defendant with this Court. Accordingly, no order needs to be passed in terms of prayer clause (a) of the Notice of Motion. Since the deed of transfer together with the Pg 1 of 2
nms216-09.doc forms has been deposited in this Court, there is no question of allowing any party to register the deed of transfer with the Sub-Registrar of Assurances. No order is, thus, necessary in terms of prayer clause (b) also. As far as the injunction sought in prayer clauses (d) and (e) is concerned, learned Counsel for the Defendant states that his client will not be able to take any steps either for implementation of or in pursuance of the deed of transfer and the relevant forms or in respect of the suit premises and the shares of the society in view of the fact that the deed and the transfer forms are already deposited in this Court. The statement is accepted. The Notice of Motion is disposed of in terms of the statement. ( S.C. GUPTE, J. ) Pg 2 of 2