Jagdish Harihar Shetty v. Anand Govind Karande And Smt Bakula Anand Karande Since Deceased Thr Lrs

by VARSHA VIJAY RAJGURU Date:

2025.04.03 11:04:08 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2062 OF 2025 IN SECOND APPEAL NO. 28 OF 2016 Jagdish Harihar Shetty ... Applicant vs.

Anand Govind Karande and Smt Bakula Anand Karande since deceased through Lrs ... Respondents Mr. Uday Warunjikar, Mr. Prakash Kadam, Mr. Suresh Chatule for Applicant.

CORAM : GAURI GODSE, J.

DATED : 1st APRIL 2025 ORDER:

1.

This application is for restoration of the second appeal by recalling the order dated 25th January 2024. Since, the second appeal was dismissed at the stage of admission, I called upon the learned counsel for the applicant to point out whether the second appeal raises a question of law.

2.

Learned counsel for the applicant submits that by registered sale deed, which was produced at Exhibit 83 in the trial court, the developer who had constructed the second floor has transferred the Page no. 1 of 3

flat in favour of the applicant. He submits that the entire consideration amount was paid and the applicant was put in possession of flat no. 203. He submits that the first appellate court erred in not correctly appreciating the rights created in favour of the applicant based on the registered document produced at Exhibit 83. He submits that in the absence of adding the developer who had constructed the property, the first appellate court erred in granting decree for possession by ignoring the rights in favour of the applicant based on the document at Exhibit 83, after accepting the entire consideration amount.

3.

Learned counsel for the appellant submits that the second appeal also raises substantial questions of law on the ground that the plaintiff failed to describe the exact boundaries of the suit flat when there were four flats constructed on the second floor. 4.

In view of the aforesaid, issue notice to the respondents, returnable on 13th June 2025.

5.

In addition to the court notice, learned advocate for the applicant to serve the respondents, by private notice and file affidavit of service before the next date.

6.

If any possession warrant is issued for execution of the decree impugned in the second appeal, the same shall not be Page no. 2 of 3

executed till the next date.

7.

It is clarified that if copies are not supplied within two weeks for issuing court notice, the interim protection granted by this court shall stand vacated.

(GAURI GODSE, J.) Page no. 3 of 3