Parle Arun Villa Chs Ltd., Mumbai v. Gyarsilal Ramshay Varma And ORS.

(46)-CAF-434-05.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.434 OF 2005 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.04.15 10:27:09 +0530 BALAJI GOVINDRAO PANCHAL IN FIRST APPEAL NO.562 OF 2005 Gyarsilal Ramshay Varma & Ors.

..Applicants

Versus

Parle Arun Villa Co-op. Hsg. Society Ltd.

..Respondent WITH INTERIM APPLICATION NO.6884 OF 2024 IN FIRST APPEAL NO.562 OF 2005 WITH INTERIM APPLICATION NO.2504 OF 2019 Parle Arun Villa CHS Ltd.

..Applicant Versus.

Gyarsilal Ramshay Varma & Ors.

..Respondents Mr. Piyush Raheja a/w Chinmay Mehta, Samarth Patel i/by Rucha Jog, for the Applicant in IA/6884/2024 & IA/2504/2019 & for Respondent in CAF/434/2005.

CORAM : KISHORE C. SANT, J.

DATE : 12th APRIL, 2024 P.C.

1.

After hearing parties for sometime, this Court finds that it is advisable to direct the parties to sit together and find out solution, as the decree as such is not challenged, whereby execution BGP.

(46)-CAF-434-05.doc.

of conveyance is directed. The dispute is only in respect of stilt garages in the building. The building is constructed in the year 1968 and is in dilapidated condition. It is not in the interest of all the parties to keep the litigation pending. There are chances of settlement, though it is pointed out that on earlier two occasions settlement talks have failed.

2.

Reply filed by Respondents is taken on record. 3.

Parties are at liberty to file necessary applications for bringing legal heirs on record within two weeks from today. 4.

If applications are filed, those to be taken on board on next date.

5.

To afford an opportunity to have settlement talks, stand over to 29th April, 2024.

[KISHORE C. SANT, J.] BGP.