M/S. Park Developersthr. Its Partners Mr. Sharad Ruia And Shiteej Ruia v. Madlyan Sanjao Souz And Others

12-AO-107-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai APPEAL FROM ORDER NO. 107 OF 2025 WITH INTERIM APPLICATION NO. 1803 OF 2025 M/s. Park Developers through ...

Appellants its partners Mr. Sharad Ruia and Shiteej Ruia Vs.

Madlyan Sanjao Souz and Others ...

Respondents Mr. P. J. Thorat a/w. Mr. J. S. Kadav i/b. Mr. B. P. Shukla for the Appellants.

Mr. Larson Vaiti for Respondent nos. 1 to 9, CORAM : GAURI GODSE, J.

DATE :

18th MARCH 2025 ORDER :

1.

Learned counsel for the appellants submits that the plaintiffs claims 7/8th share in 574.90 sq.meters area out of the larger area which is owned by defendant no.2. He submits that leave and licence agreement is executed by defendant no. 2 in favour of MSRDC in respect of the larger area which also includes 574.90 sq.meters which is subject matter of the suit. He submits that the leave and licence agreement will expire on 18th May 2025. He by RAJESHWARI RAMESH PILLAI Date: 2025.03.19 22:18:42 +0200 RAJESHWARI RAMESH PILLAI 1/2

12-AO-107-2025.docx therefore submits that the application was filed in the suit for permitting defendant no. 2 to extend the leave and licence agreement in favour of MSRDC.

2.

Learned counsel for the appellants further submits that in the event the plaintiffs succeeds in the suit, plaintiffs would be entitled to only 7/8th share in 574.90 sq.meters as claimed in the suit. He therefore submits that to protect the plaintiffs interest defendant no. 2 is willing to deposit in the court, the amount proportionate to the plaintiff's share, from the amount to be received by him towards leave and licence agreement.

3.

Learned counsel for the plaintiffs seeks time to take instructions whether the plaintiffs would be agreeable for the suggestion made on behalf of defendant no.2.

4.

To enable the learned counsel for the plaintiffs to take instructions list the appeal on 2nd April 2025. To be listed under the caption for "Directions".

5.

In the event parties are unable to resolve the dispute with regard to the prayers in this appeal, it is clarified that appeal will be finally disposed of on the next date [GAURI GODSE, J.] 2/2