Link Tower Co-Operative Housing Society Limited v. Girishchandra Purshottamdas Sadh And 27 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.105 OF 2024 WITH INTERIM APPLICATION NO.5457 OF 2025 IN SUIT NO.105 OF 2024 WITH INTERIM APPLICATION NO.1197 OF 2024 IN SUIT NO.105 OF 2024 Link Tower CHS. Ltd.
....Plaintiff/Applicant
Versus
Girishchandra Purshottamdas Sadh & Ors.
....Respondents WITH INTERIM APPLICATION NO.6062 OF 2025 IN SUIT NO.105 OF 2024 Kanta Suresnda Co.
....Applicant
IN THE MATTER BETWEEN
Link Tower CHS Ltd.
....Plaintiff
Versus
Girishchandra Purshottamdas Sadh & Ors.
....Respondents WITH INTERIM APPLICATION NO.5596 OF 2025 IN SUIT NO.105 OF 2024 Niranjan Apasrtment CHS Ltd.
....Applicant
IN THE MATTER BETWEEN
Link Tower CHS. Ltd.
....Plaintiff
Versus
Girishchandra Purshottamdas Sadh & Ors.
....Respondents Digitally signed by AARTI GAJANAN PALKAR Date:
2025.12.17 16:57:30 +0530 AARTI GAJANAN PALKAR
Mr. Yash Homaya a/w. Kinjal Kakkad i/b. Vipul Shukla, for Plaintiff. Mr. H. Thanu Subramanian, Chairman of Plaintiff. Mr. Heman Vichare, Secretary of Plaintiff.
Mr. Dharmarajan Krishnan, Treasurer of Plaintiff. Mr. Kalpesh Joshi, Chaiman of Defendant No.19. Mr. Santosh Tawade, Secretary of Defendant No.19. Mr. Kiran Jawle, Treasurer of Defendant No.19. CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : DECEMBER 15, 2025 ORDER :
1.
Learned Advocates for the Plaintiff and Defendant No.19 jointly submit that they have reduced to writing the terms of settlement reached between the two of them, leaving the disputes with the other Defendants open. The parties have tendered Consent Terms dated December 15, 2025 in which they have reduced to writing the terms on which they have resolved their inter se disputes. 2.
The terms essentially entail a joint development of their respective properties i.e. properties of the Plaintiff and Defendant No.19, which would be pursued by them and both of them would continue to prosecute the suit vis-a-vis the other Defendants.
3.
In these circumstances, the interlocutory orders dated September 11, 2023, September 18, 2025 and an order dated September 25, 2025 would stand varied, only so as to permit such joint redevelopment of the land entitlements of the Plaintiff and Defendant No.19.
4.
These Consent Terms would not affect the rights and obligations of the remaining Defendants and the other parties to the proceedings. Learned Advocate submits that there is nothing in the Consent Terms that conflicts with any requirement of law. The undertakings in the Consent Terms are accepted as an undertaking given to the Court. A copy of the consent terms is taken on record and marked 'X' for identification.
5.
Learned Counsel also submits that they would take out a separate application as an additional plaint in terms of the Consent Terms.
6.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.]