Vardhaman Mohanlal Khabiya And ORS v. Gulab Papabhai Hawaldar And ORS

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 912 OF 2024 Vardhaman Mohanlal Khabiya and Ors.

.. Petitioners

Versus

Gulab Papabhai Hawaldar and Ors.

.. Respondents ....................

 Mr. Sudhir Sadavarte, Advocate for Petitioners.  Mr. Jaydeep Deo, Advocate for Respondents.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 22, 2024.

P.C.:

1.

Heard Mr. Sadavarte, learned Advocate for Petitioners and Mr. Deo, learned Advocate for Respondents.

2.

In this case, I have perused the order dated 09.11.2023 passed by the District Court at Pune in Misc. Civil Appeal No.187 of 2023 reversing the order passed by the learned Trial Court under Exhibit "5". In the said order, considering the dispute between the parties, learned Appellate Court has clearly opined that the Suit proceedings between the parties should be disposed of within a period of 6 months from the date of the order. Already 2 months have been exhausted after passing of the order.

3.

It is case of the Petitioners that they have sought development of the property on which the injunction is now operating

which would operate until the disposal of the Suit proceedings. In view of the impugned order, Petitioners are severely prejudiced. He would submit that for carrying out development on the Petitioners' property, Petitioners have submitted building plans and all mandatory and requisite NOCs to the Planning Authority and are now faced with the prospect of defending the present suit proceedings. He would submit that it is for this very reason the Learned Appellate Court directed the suit proceedings to be determined within 6 months. 4.

According to Mr. Sadavarte, Suit seeks specific performance of agreement wherein Petitioners have paid over the entire consideration to the Respondents. Thereafter, Petitioners have proceeded with development of the suit property and therefore any sort of injunction is detrimental to the Petitioners' right to develop the suit property.

5.

I am in agreement with the submissions made by Mr. Sadavarte and equally inclined to ensure that the order passed by the learned Appellate Court for disposal of the Suit proceedings within 6 months is followed in letter and spirit. In the meanwhile, I am also of the opinion that the Petitioners should be allowed to proceed with the development on the Suit property without any embargo while making it clear that the outcome of the Civil Suit shall determine the substantive right of the parties in the suit property and no equity shall

be claimed by the Petitioners, who are entitled to carry out the development. Though Mr. Deo has made his preliminary submissions, he seeks time to obtain appropriate instructions as he was served with the papers today itself. At his request, time is granted up to 05th February, 2024. It is clarified that, this Writ Petition shall be disposed off on the next date at the stage of admission itself by passing appropriate directions.

6.

Stand over to 05th February, 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.01.22 19:09:25 +0530 AJAY TRAMBAK UGALMUGALE