Bombay High CourtAO/264/2025disposed off

M/S. Atlantic And ORS. v. M/S. Shree Sai Developers

2026-01-07Hon'Ble Shri Justice Milind N. Jadhav11 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION

(902) APPEAL FROM ORDER NO.264 OF 2025 WITH INTERIM APPLICATION NO.7759 OF 2025 IN APPEAL FROM ORDER NO.264 OF 2025 M/s. Atlantic and Ors.

.. Appellants

Versus

M/s. Shree Sai Developers and Ors.

.. Respondents WITH

(903) APPEAL FROM ORDER NO.324 OF 2025 WITH INTERIM APPLICATION NO.12985 OF 2025 WITH INTERIM APPLICATION NO.8511 OF 2025 IN APPEAL FROM ORDER NO.324 OF 2025 M/s. Atlantic and Ors.

.. Appellants

Versus

M/s. Shree Sai Developers and Ors.

.. Respondents ....................

 Mr. Mayur Khandeparkar a/w. Mr. Nishant Tripathi, Mr. Pranav Vaidya, Advocates i/by M. Tripathi &Co. for Appellants in both Appeal from Orders.

 Mr. Atul Damle, Senior Advocate a/w. Mr. Suresh Sabrad, Mr. Amey Sawant, Ms. Neha Parte, Mr. Pratik Sabrad and Ms. Eshwaree Kudalkar, Advocates for Respondent Nos.1 to 3 in Appeal from Order No.264 of 2025.

 Mr. Rahul Kate a/w. Mr. Abubakar Patel, Advocates for Respondent Nos.3 to 6 in Appeal from Order No.324 of 2025 and Respondent Nos.8 to 15 in Appeal from Order No.324 of 2025.  Mr. S. M. Gorwadkar, Senior Advocate a/w. Mr. Jeetendra Sacchdev, Advocates i/by J. S. Legal for Respondent Nos.4 to 5 in Appeal from Order No.264 of 2025 and Respondent Nos.4 to 7 in Appeal from Order No.324 of 2025.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2026 P.C.

Heard Mr. Khandeparkar, learned Advocate for Appellants in both Appeal from Orders; Mr. Damle, learned Senior Advocate for Respondent Nos.1 to 3 in Appeal from Order No.264 of 2025; Mr. Kate, learned Advocate for Respondent Nos.3 to 6 in Appeal from Order No.324 of 2025 and Respondent Nos.8 to 15 in Appeal from Order No.324 of 2025 and Mr. Gorwadkar, learned Senior Advocate for Respondent Nos.4 to 5 in Appeal from Order No.264 of 2025 and Respondent Nos.4 to 7 in Appeal from Order No.324 of 2025 2.

On 05.12.2025, after hearing the learned Advocates for the parties in the present case, the following order was passed:- "1.

Heard learned Advocates appearing for the parties. 2.

Mr. Sabrad, learned Advocate for Respondent Nos. 1 to 3 undertakes to file appropriate affidavit in reply setting out the stepsproposed to be taken by Respondent Nos. 1 to 3 to apply for subdivision of the consolidated plot of 970 sq.mtrs. to CIDCO to segregatethe two plots admeasuring 200 sq.mtrs. and 250 sq.mtrs. which are the subject matter of the Suit proceeding and undertake not to create any third party rights with respect to the same. Since the Suit is for specific performance in the given facts of the present case, aforesaid affidavit is directed to be filed within a period of two days from today and whatever stated in the affidavit shall be complied with by the Defendant Nos. 1 to 3. Copy of the affidavit shall be given to Plaintiffs and other Defendants in advance. Needless to state that the aforesaid statement made by Mr. Sabrad will not affect the balance portion of 520 sq. mtrs. out of the total plot of 970 sq. mtrs.

3. The villagers who are the original owners are represented by Mr. Gorwadkar, learned Senior Advocate appearing for Respondent Nos. 4 and 5 in AO 264/2025 & for Respondent Nos. 4 to 7 in AO 324/2025 as also Mr. Patel, learned Advocate appearing for Respondent Nos. 3 to 6 in AO 264/2025 & for Respondent Nos. 8 to 15 in AO 324/2025. Needless to state that undertaking filed on affidavit by Defendant Nos. 1 to 3 shall specifically give a timeline for making the application for

sub-division of the consolidated plot, to separate 450 sq. mtrs. out of the total consolidated plot and comply with all all requisition of CIDCO as well as under the Navi Mumbai Disposal of Land Regulations, 2008 under which allotment of plots has been made. 4.

Stand over to 7th January, 2026. To be placed under the caption "First on Board"."

In compliance of the above order, Mr. Sabrad on behalf of Respondent Nos.1 to 3 have filed Affidavit dated 07.01.2026. For convenience, the said Affidavit is scanned and reproduced below to remove any ambiguity regarding nomenclature and areas of the subject lands which are the suit lands / properties:-

All parties including CIDCO are directed to take cognizance of this order which has been passed today.

In view of the aforesaid Affidavit having being filed, after hearing the parties, both the Appeal from Orders can be conveniently disposed of by passing the following order:- 6.

The undertakings given by Respondent Nos.1 to 3 in the said Affidavit are hereby accepted by this Court as an undertaking given to the Court and the following directions are passed:- 6.1.

Respondent Nos.1 to 3 shall within a period of one week from the date of this order, submit a formal Application to CIDCO Limited for subdivision / withdrawal of the entitlement of 450 sq.mtrs. from the total proposed allotment of Plot No.3 admeasuring 970 sq.mtrs. Sector - 11, Vashi Node, Taluka and District - Thane as per lots conducted by CIDCO Limited on 04.01.2024 unconditionally. 6.2.

All other Respondents shall cooperate with Respondent Nos.1 to 3 in making such Application to CIDCO Limited as required. 6.3.

Pending the disposal of the two Suits, process of subdivision and withdrawal of the entitlement of 450 sq.mtrs. (200 sq.mtrs. + 250 sq.mtrs) from Plot No.3, Defendant Nos.1 to 3 and 4 and 5 in SCN No.99 of 2024 and Defendant Nos.1 to 3 and 4 to 7 in SCS No.100 of 2024 are restrained from creating any third-party rights, title, or

interest of any nature whatsoever in respect of entitlement of 450 sq.mtrs. (i.e. 200 sq.mtrs and 250 sq.mtrs.) 6.4.

Once the process of subdivision / withdrawal of the entitlement of 450 sq.mtrs from Plot No.3, admeasuring 970 sq.mtrs, Sector - 11, Vashi Node, Taluka and District - Thane is completed, the order of status quo in respect of the entitlement of Defendant Nos.6 to 13 in Special Civil Suit No.99 of 2024 and Defendant Nos.8 to 15 in Special Civil Suit No.100 of 2024 to the extent of 520 sq.mtrs. shall stand vacated.

6.5.

CIDCO Limited is directed to receive and process the Application for subdivision / withdrawal of the entitlement of 450 sq.mtrs. filed by Respondents namely Defendant Nos.1 to 3 as directed hereinabove as expeditiously as possible and in any event within a period of four weeks from the date of such Application being filed by Respondents.

6.6.

It is clarified that the aforementioned directions and the underlying undertakings are without prejudice to the rights, remedies and contentions of all parties in pending Special Civil Suit No.99 of 2024 and Special Civil Suit No.100 of 2024.

Needless to state that the Trial Court is requested by this Court to dispose of the two Suits as expeditiously as possible and strictly in accordance with law.

Liberty is granted to the parties to move this Court in the event of any technical difficulty in implementation of these directions. 9.

With the above directions, Appeal from Order No.264 of 2025 and Appeal from Order No.324 of 2025 are both allowed and disposed in above terms. In view of disposal of Appeal from Orders, pending Interim Application No.7759 of 2025 and Interim Application No.12985 of 2025 and Interim Application No.8511 of 2025 are also accordingly disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2026.01.07 18:16:03 +0530 HARSHADA HANUMANT SAWANT