Kunal Prasanna Kirtikar & Anr vs M/S Meghaval Constructions & Ors on 11 December, 2018

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Bombay High Court

Kunal Prasanna Kirtikar & Anr vs M/S Meghaval Constructions & Ors on 11 December, 2018

Bench: G.S. Patel

                                                                     1-S3796-03.DOC




 Arun



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                               SUIT NO. 3796 OF 2003


 Kunal P Kirtikar & Anr                                                 ...Plaintiffs
       Versus
 Meghdhaval Constructions & Ors                                     ...Defendants


 Mr PC Dalal, i/b Dalal & Company, for the Plaintiffs.
 Mr Mandar Soman, with Mr Gobinda C Mohanty, i/b M/s Mohanty
      & Associates, for Defendants Nos. 2, 3A & 3B.
 Mr Nainesh Amin, for NN Amin & Company, for Defendants Nos. 4,
      5 & 6.


                               CORAM:       G.S. PATEL, J
                               DATED:       11th December 2018
 PC:-


 1.

Heard. Issues as between the Plaintiffs and Defendants Nos. 2, 3A and 3B are framed and these are appended to this order.

2. Further issues as between the Plaintiffs and Defendants Nos. 4, 5 and 6 are framed and these are also appended to this order.

3. The Plaintiffs shall, on or before 18th January 2019, file (i) the Evidence Affidavit of the Plaintiffs; (ii) an Affidavit of Documents; and (iii) a compilation of documents duly indexed and paginated.

Page 1 of 5

11th December 2018 ::: Uploaded on - 12/12/2018 ::: Downloaded on - 27/12/2018 05:08:12 ::: 1-S3796-03.DOC Copies of each of these will be served on the advocates for the Defendants on or before that date.

4. Discovery and Inspection is to be completed and Statements of Admission and Denial are to be exchanged on or before 1st February 2019.

5. There will be no extension of time. In default of compliance, the suit will stand dismissed without further reference to the Court.

6. On the Plaintiffs complying with these directions, the matter will be taken up for marking of the Plaintiffs' documents and further directions on 8th February 2019, irrespective of the caption under which the matter appears.

(G. S. PATEL, J.) Page 2 of 5 11th December 2018 ::: Uploaded on - 12/12/2018 ::: Downloaded on - 27/12/2018 05:08:12 ::: 1-S3796-03.DOC ISSUES FRAMED ON 11TH DECEMBER 2018 SUIT NO. 3796 OF 2003 ISSUES AS BETWEEN THE PLAINTIFFS AND DEFENDANTS NOS. 2, 3A & 3B

1. Whether the Plaintiffs prove that the termination of Development Agreement dated 14th July 1987 is valid and binding on Defendants?

2. Whether the Plaintiffs prove that the Plaintiffs are entitled to possession of Flat No.101 as Defendants Nos. 4 and 5 are trespassers thereto?

3. Whether the Plaintiffs prove that the Plaintiffs are entitled to possession of Flat No.102 as 6th Defendant is a trespasser thereto?

4. Whether the Plaintiffs are entitled to damages and mesne profits as claimed?

5. Whether the Plaintiffs prove that Defendants Nos. 1 to 3 took forcible possession of Flat Nos.201 and 202 from Plaintiffs?

6. Whether the Plaintiffs prove that they are entitled to right, title, interest and possession of Flat Nos.201 and 202?

7. Whether the Defendants Nos. 4 and 5 were lawfully inducted in Flat No.101 in Shanti Kunj as contended in paragraphs 48 of their Written Statement of Defendants Nos. 1, 2 and 3?

8. What relief and what order?

(G. S. PATEL, J.) Page 3 of 5 11th December 2018 ::: Uploaded on - 12/12/2018 ::: Downloaded on - 27/12/2018 05:08:12 ::: 1-S3796-03.DOC ISSUES FRAMED ON 11TH DECEMBER 2018 SUIT NO. 3796 OF 2003 ISSUES AS BETWEEN THE PLAINTIFFS AND DEFENDANTS NOS. 4, 5 & 6

1. Whether the Plaintiffs prove that the Defendants Nos. 4 and 5 are trespassers in respect of Flat No.101 and have been wrongly and illegally inducted on 30th April 1993, by Defendants Nos. 1 to 3, and the said Defendants Nos. 4 and 5 are liable to hand over vacant and peaceful possession of the said Flat No.101 to the Plaintiffs?

2. Whether the Plaintiffs prove that the Defendant No.6 is a trespasser in respect of the Flat No.102 and has been wrongly and illegally inducted on 2nd June 1993 by Defendants Nos. 1 to 3, and the said Defendant No.6 is liable to hand over vacant and peaceful possession of the said Flat No.102 to the Plaintiffs?

3. Whether the Plaintiffs prove that they are entitled to money decree against Defendants Nos.1 to 6, as prayed for in prayer (e) to (i) of the Plaint?

4. Whether the Plaintiffs prove that the original 1st Plaintiff, Surekha alias Sarla P. Kirtikar entered into joint possession of Flat Nos. 101 and 102 with Defendants Nos. 1 to 3 in 1993?

5. Whether Defendants Nos. 1 to 3 prove that the termination of the Development Agreement dated 14th July 1987 and Power of Attorney dated 16th July 1987 vide Plaintiffs' Advocates' letter dated 7th April 2003 is illegal, bad in law, Page 4 of 5 11th December 2018 ::: Uploaded on - 12/12/2018 ::: Downloaded on - 27/12/2018 05:08:12 ::: 1-S3796-03.DOC incorrect and not binding on them?

6. What relief and what order?

(G. S. PATEL, J.) Page 5 of 5 11th December 2018 ::: Uploaded on - 12/12/2018 ::: Downloaded on - 27/12/2018 05:08:12 :::

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