Sagar Construction Co. v. Manoharlal K. Gupta And ORS.
SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2023.01.12 10:21:07 +0530 7 ia 375 of 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.375 OF 2021 IN SUIT NO.3463 OF 1987 M/s. Sagar Construction Company ...
Applicant/Plaintiff versus Manoharlal Kishorilal Gupta, HUF and Ors.
...
Defendants Ms. Leena Mirusee i/by Shah and Sanghavi for Applicant/Plaintiff. Ms. Kajal Gupta i/by Mr. Yatin Shah for Defendant Nos.6 and 7. Mr. Ankiet Ranade with Mr. A.K.Upadhyay i/by Mr. R.D.Mishra for Defendant Nos.4(a) to 4(c).
Mr. E.B.Sivakumar, !st Assitt. To Court Receiver, present.
CORAM:
N.J.JAMADAR, J.
DATE:
10 JANUARY 2023 P.C.:
1.
Heard the learned Counsel for the parties.
2.
By this Application, the Applicant seeks framing of the following additional issue :
"5A. Whether the Deed of Partnership dated 30 November 1987 creates any right, title or interest in the suit property in favour of original Defendant No.1, original Defendant No.2, Defendant Nos.3 to 8 ?" 3.
Perused the Plaint and the averments in the instant Application. The Plaintiff seeks a specific declaration that the purported Deed of Partnership dated 30 November 1987 is sham, bogus and colourable document. SSP 1/2
7 ia 375 of 2021.doc 4.
In the circumstances, once the declaration about the invalidity of the documents is sought, framing of an additional issue, as proposed by the Plaintiff, is wholly unwarranted.
5.
The Application stands rejected.
Suit No.3463 of 1987 6.
The learned Counsel for the Plaintiff submits that the cross-examination of P.W.1 is underway and Defendant Nos.6 to 8 are yet to cross-examine P.W.1. 7.
The learned Counsel for Defendant Nos.6 and 7 submits that Defendant Nos.6 and 7 would complete cross-examination of P.W.1 on the date to be fixed by the learned Commissioner.
8.
Let the cross-examination on behalf of Defendant Nos.6 and 7 be completed within four weeks.
9.
List on 13 February 2023.
( N.J.JAMADAR, J. ) SSP 2/2