Vilas Mahadeo More And ORS v. Vibhavari Vinayak More (Deceased) Thr. Lrs Omkar Vinayak More And ORS

Megha 503_cra_548_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.548 OF 2024 WITH INTERIM APPLICATION NO.14097 OF 2024 IN CIVIL REVISION APPLICATION NO.548 OF 2024 Vilas Mahadeo More and Ors.

...Applicants V/s.

Vibhavari Vinayak More (since deceased) through her legal heirOmkar Vinayak More and Ors.

...Respondents

__________________________________________________________________ Mr. Rahul Soman with Mr. Suyash More for the Applicants. Mr. Shobhit Shukla for Respondent No.1 _________________________________________________________________ CORAM : SANDEEP V. MARNE, J.

Dated : 25 October 2024.

P.C. :

1.

Not on board. Upon being mentioned, taken on board. 2.

Heard Mr. Soman, the learned counsel appearing for the Revision Applicant and Mr. Shukla, the learned counsel appearing for Respondent No.1.

3.

It appears that the Small Causes Court had decreed the Suit of the Applicant/ Plaintiffs declaring them to be joint tenant Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.10.28 16:28:51 +0530 MEGHA SHREEDHAR PARAB along with Defendant No.1/Respondent No.1. The Appellate Court has reversed the decree of the Trial Court, which would mean that Page No.

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Megha 503_cra_548_2024.docx Respondent No.1-Defendant No.1 would claim exclusive rights in respect of the permanent alternate accommodation that has been received in lieu of the original tenanted premises. Revision Applicants apprehend that Respondent No.1 is likely to create third party rights in respect of the permanent alternate accommodation on the strength of the decree passed by the Appellate Court. 4.

List the Civil Revision Application for admission on 26 November 2024 as directed earlier. Till the next date of hearing Respondent No.1 shall not create any third party rights in respect of the permanent alternate accommodation nor shall part with possession thereof. Respondent No.1 shall however be entitled to have his name registered in the co-operative housing society as a member thereof, subject to the outcome of the Civil Revision Application. In the event Revision Applicants succeed in the Revision Application, appropriate orders would be passed for registration of their names in the register of member of the co-operative housing society. 5.

Interim Application is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No.

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