Jagesh Bhadrakumar Savjani v. Laju R. Mansharamani Through Her Constituted Attorney Mr. Kishin Gurnomal Khilanani And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8169 OF 2025 IN FIRST APPEAL NO. 743 OF 2025 Laju Ramesh Mansharamani .. Applicant In the matter between:
Pushpa Bhadrakumar Savjani and Anr.
.. Appellants
Versus
Laju Ramesh Mansharamani .. Respondent WITH INTERIM APPLICATION NO. 11934 OF 2025 IN FIRST APPEAL NO. 743 OF 2025 Jagesh Bhadrakumar Savjani .. Applicant In the matter between:
Pushpa Bhadrakumar Savjani and Anr.
.. Appellants
Versus
Laju Ramesh Mansharamani .. Respondent and Dy. Superintendent of Land Records, Uran and Ors.
.. Non-Party Respondents WITH INTERIM APPLICATION (ST) NO. 32132 OF 2025 (NOT ON BOARD) IN FIRST APPEAL NO. 743 OF 2025
Amish Bhadrakumar Savjani .. Applicant In the matter between:
Pushpa Bhadrakumar Savjani and Anr.
.. Appellants
Versus
Laju R. Mansharamani .. Respondent Mr. Sharan Jagtiani, Senior Counsel, with Mr. Raghav Gupta, Ms. Treesa Benny & Ms. Rashi Savla, i/b Wadia Ghandy & Co., for the Applicant in IA/8169/2025 and for the Respondent in IA/11934/2025.
Adv. Kausar Banatwala, i/b Neuty Thakkar, for the Appellants in First Appeal and for the Applicant in IA/11934/2025. Mr. Rahul Gaikwad, with Mr. Virendra Kadam, i/b Gravitas Legal, for the Intervener in IAST/32132/2025. CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.
DATE:
P. C.
1.
Interim Application No. 11934 of 2025 is filed by the original Appellant No.2 seeking a direction to the Deputy Superintendent, Land Records, Uran, to depute an officer with instructions to forthwith carry out survey of the Suit Property and demarcate the boundary thereon within a time bound schedule. The other relief sought is directions to the Senior Inspector of Police, Uran Police Station, to assist the Applicant as well as the
Deputy Superintendent of Land Records, Uran, in carrying out the aforesaid survey and fencing of the Suit Property. These reliefs are sought by the Applicant for implementing the order dated 13th March 2025 passed by this Court in the above Appeal.
2.
Interim Application No. 8169 of 2025 is filed by the Respondent herein (Original Plaintiff) seeking appointment of Court Receiver on the Suit Property and directions to the Court Receiver to take physical possession and custody thereof from the Defendants, or any person or persons claiming through or under them, and to protect the Suit Property and preserve the same. In the alternative, it is prayed that the Court Receiver be directed to cause a survey to be conducted on the Suit Property and to demarcate and thereafter fence the Suit Property. These reliefs are also sought for the purpose of implementing the order dated 13th March 2025. 3.
As far as Interim Application No. 8169 of 2025 is concerned (filed by the Respondent), the learned Advocate appearing on behalf of the Appellants strongly opposed the grant of prayer clause (a), namely for the appointment of the Court Receiver in respect of the Suit Property. As far as prayer clause (b) is concerned, namely, the Court Receiver be appointed for the limited purpose of implementing the order dated 13th March 2025, she
submitted that she would take necessary instructions from the Appellants in that regard.
4.
At this stage, Mr. Rahul Gaikwad, the learned Advocate, intervened in the above matter and stated that his client has filed an Intervention Application in the above First Appeal. It is the Intervener's case that the aforesaid land, in relation to which the decree of specific performance has been passed in favour of the Respondent, also partly belongs to the Intervener and he claims a 25% share therein. As far as this Intervention Application is concerned, the same shall be taken up in its own turn.
5.
It is the grievance of the Appellants and the Respondent that the aforesaid Intervention Application has not been served upon them. They would like to file a reply to the Intervention Application. 6.
Be that as it may, we are of the opinion that the Intervener would not be prejudiced in any way if orders are passed for the purpose of fencing of the Suit Property. We say this because even if the Intervener is found to be correct in his contentions, fencing of the Suit Property would also enure to his benefit.
7.
We, therefore, place the above matter on 10th October 2025, when we shall hear both the above Interim Applications. The Intervener is also directed to serve his Intervention Application on the Advocates of the Appellants as well as the Respondent. The service shall be done within 1 week from today.
8.
Today, none appeared on behalf of Deputy Superintendent (nonparty Respondent No.1 in Interim Application No. 11934 of 2025). We, therefore, direct the learned AGP to appear in the above matter on the next occasion. We also direct the Advocates for the Appellants to serve a copy of this order on the Office of the Government Pleader to ensure that necessary instructions are taken on or before the next date. 9.
Stand over to 10th October 2025.
10.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 29/09/2025 16:55:40