Vivek Madhavlal Pittie v. Sujata Shetty And Other

Digitally signed by ANANT KRISHNA NAIK Date:

2025.09.24 16:26:36 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 8412 OF 2025 IN CIVIL REVISION APPLICATION 1050 OF 2010 Vivek Madhavlal Pittie ....Applicant

IN THE MATTER BETWEEN

Vivek Madhavlal Pittie ....Applicant V/S Sujata Shekhar Shetty & Anr.

....Respondents **** Mr. Bhushan Deshmukh a/w. Adv. H. Meghani, Adv. A. Unnikrishnan, Adv. Urvi Gulechha, Adv. Ishani Saxena i/b. Jadeja & Satiay for the Applicant Adv. D. K. Jain i/b. Adv. Divya Jain for the Respondent No. 1 & proposed Respondents in CRA/1051/2010 ****

CORAM

: M. M. SATHAYE, J.

DATED : 22nd SEPTEMBER 2025 P.C.:

1.

Heard learned counsel for parties.

2.

This is an Application by revision Applicant. It is not disputed that the Applicant is appointed as a receiver of the suit premises under common order dated 20/02/2019 passed in CA Nos. 602 and 603 of 2018 in present revision Application and companion matter 3.

The Application is filed seeking to bring on record legal heirs of the deceased / Respondent No. 2 - Shekhar Narayan Shetty. Names of the proposed Respondent Nos. 2A to 2C are given in the Schedule-A. As per office note Interim Application is filed within time. 1/3

4.

The Application is also seeking an order of interim injunction under prayer clause (b), restraining the proposed Respondent Nos. 1A to 1D from in any manner alienating, transferring, encumbering, creating third party rights over and/or dealing with the suit premises and/or transferring the same to third person and/or induct a third party without consent of the Applicant, during pendency of the Revision Application. Prayer is made in respect of suit premises in RAE Suit No. 216/439 of 1998. 5.

Learned counsel for the proposed Respondent Nos. 2A to 2C invited this Court's attention to the affidavit-in-reply filed by them wherein it is stated as follows:

"14. xxx We will not in any manner jeopardize the rights in the suit premises. However, we may continue to exercise all or any of the rights in respect of the said premises which are permissible within the confines of law, without in any manner affecting our tenancy rights in respect of the suit premises. 15.

With reference to para 9 of the said Application, I deny that we may seek to monetize the suit premises for our benefit or may create third party rights or transfer the suit premises to third parties or a third party. I deny that we do not have any right to the suit premises. I deny that it is necessary to pass an Order restraining us from creating any third party rights or part with possession of the suit premises. I reiterate that Respondent No.1 being the tenant and we i.e. Proposed Respondent Nos.1 to 3 being the heirs of late Shekhar Narayan Shetty (Respondent No.2), have no intention whatsoever of subletting or creating any third party right, title and/or interest in respect of the tenancy relating to the suit premises. xxx" 6.

Statement made by the proposed Respondents as indicated above are recorded. Considering the said statement, it is not necessary to deal with the prayer clause (b) of the Application any further. 7.

In that view of the matter, the Interim Application is disposed of in 2/3

above terms and by granting permission to bring proposed legal heirs of deceased / Respondent No. 2 - Shekhar Narayan Shetty on records as prayed. Amendment as per schedule A to be carried out within a period of two weeks from today with amended copy served on other side. (M. M. SATHAYE, J.) 3/3