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Bombay High CourtIA/15858/2024allowed

Drushti Developers v. Arun Vishwanath Kshirsagar

2025-02-03Hon'Ble Ms. Justice Gauri Godse2 pages

29-15860-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15860 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 15858 OF 2024 IN SECOND APPEAL (ST) NO. 35134 OF 2024 Drushti Developers and Others ...

Applicants Vs.

Arun Vishwanath Kshirsagar ...

Respondent WITH INTERIM APPLICATION NO. 15845 OF 2024 WITH INTERIM APPLICATION NO. 15847 OF 2024 IN SECOND APPEAL (ST) NO. 35134 OF 2024 Drushti Developers and Others ...

Applicants Vs.

Narhari Bhau Chilwante ...

Respondent Ms. Kshema Mahuli a/w. Mr. Anshuman Deshmukh for the Applicant.

CORAM : GAURI GODSE, J.

DATE :

3rd FEBRUARY 2025 ORDER :

1.

Learned counsel for the appellants on instructions submits that all the flats have already been disposed of by the appellants. Hence, appellants are unable to comply with the impugned order. by RAJESHWARI RAMESH PILLAI Date:

2025.02.04 21:35:52 +0200 RAJESHWARI RAMESH PILLAI 1/2

29-15860-2024.docx 2.

She submits that within two weeks the appellants will file a disclosure affidavit stating the particulars of the assets of the appellants and particulars of the flats already disposed of with the details of the registered agreement. Appellants are permitted to file affidavit in this court within two weeks.

3.

Learned counsel for the appellants on instructions submits that the appellants shall deposit an amount of Rs.34,00,000/- (Rs.20,00,000/- + Rs.14,00,000/-) within six weeks from today. Statement made on behalf of the appellants are accepted as undertaking to this court. The appellants are permitted to deposit the amount in this court.

4.

Learned counsel for the appellants submits that the next date in the execution proceeding is scheduled for tomorrow. Subject to the appellants complying with the aforesaid statements, no coercive action to be taken against the appellants for execution of the impugned order.

5.

List the appeal on 24th February 2025 for recording compliance of filing of affidavit as recorded above. To be listed High on Board under the caption for "Admission".

[GAURI GODSE, J.] 2/2