Harish Hiralal Mehta And Another v. Daksha Ajay Khatlawala And Another

Digitally signed by ANANT KRISHNA NAIK Date:

2025.08.06 18:34:35 +0530 5.FA(ST).5261.2025-U.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 5261 OF 2025 WITH INTERIM APPLICATION NO. 1884 OF 2025 (Delay) WITH INTERIM APPLICATION NO. 1885 OF 2025 (Stay) Mukesh Hiralal Mehta ...Appellant

Versus

Daksha Ajay Khatlawala and Ors.

...Respondents

WITH FIRST APPEAL (ST) NO. 5269 OF 2025 WITH INTERIM APPLICATION NO. 1880 OF 2025 (Delay) WITH INTERIM APPLICATION NO. 1881 OF 2025 (Stay) Harish Hiralal Mehta ...Appellant

Versus

Daksha Ajay Khatlawala and Ors.

...Respondents

WITH APPEAL FROM ORDER NO. 93 OF 2025 WITH APPEAL FROM ORDER NO. 86 OF 2025 **** Mr. Shrikrishna Ganbavale a/w Mr. Ashok Dhanuka, Mr. Nikhil Sonar, Mr. Prashant Pandey, Mr. A. Dave i/b W3Legal LLP for the Appellant. Mr. Prashant Chavan, Sr. Advocate a/w. Mr. Nirav Shah, Ms Niharika Singh i/b Little and Co. for Respondent Nos. 1 and 2. Mr. Anant Shinde for Respondent No.3/Bank.

****

CORAM

: M. M. SATHAYE, J.

DATED : 5th AUGUST 2025 akn 1/2

5.FA(ST).5261.2025-U.doc P.C.:

1.

Learned Counsel for the Respondent No. 3 - Bank submits that articles which were lying in the subject matter flats (at the time of sale) are kept in a godown, and the same be collected by the Appellants, as the godown charges are paid upto end of July 2025.

2.

Appellants are directed to collect those articles within a period of 1 week from today. It is clarified that collection of the articles will be subject to attachment under the impugned judgment and decree. 3.

Stand over to 07/08/2025 for further consideration. (M. M. SATHAYE, J.) akn 2/2