Ansuyabai Vithal Subhedar v. M/S. Meera Enterprises Builders And Developers And 2 ORS

nms 30 of 2014 (905).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.30 OF 2014 IN SUIT NO.813 OF 2013 Ansuyabai Vithal Subhedar ...

Plaintiff versus M/s. Meera Enterprises Builders and Developers and Ors.

...

Defendants Mr. Pradip Kadam, for Plaintiff.

Mr. J.S.Kini i/by Mr. Suresh Dubey, for Defendants. CORAM: S.J. KATHAWALLA, J.

DATE: 20th JUNE, 2016 P.C.:

1.

Heard the learned Advocates for the parties and without prejudice to the rights and contentions of the parties, the following order is passed by consent : (i) The possession of the six flats and two shops along with the car parking shall be handed over to the Plaintiff, upon the Plaintiff making payment of Rs.25,00,000/- to the Defendants within a period of two weeks from today and upon Defendants Nos.1 and 2 withdrawing the amount deposited by the Defendant Nos.1 and 2 in City Civil Court Suit No.833 of 2012 along with interest accrued thereon within a period of two weeks from today.

(ii)There shall be an injunction against Defendant Nos.1 and 2 from selling, alienating, parting with possession and/or creating third party rights in respect ssp 1/2

nms 30 of 2014 (905).sxw of the 7 th flat I.e.Flat No.1001 on the 10th Floor of the suit premises. (iii)The parties shall mutually decide to give the said flat on leave and license basis. After deducting the statutory dues payable in respect of the said flat, the balance amount shall be deposited with the Prothonotary and Senior Master of this Court every month.

(iv)The above Notice of Motion is accordingly disposed of. (v) Liberty to apply.

(vi)Place the Suit for Framing of Issues on 4 th July, 2016.

( S.J.KATHAWALLA, J. ) ssp 2/2