Bombay High Court
Rajesh Gopal Chawan And 3 Ors vs Aristo Reality Developers Ltd. And Anr on 9 October, 2018
Bench: A.S.Oka, M.S. Sonak
1 app-47.18.doc
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL SIDE
APPEAL NO.47 OF 2018
IN
NOTICE OF MOTION NO.188 OF 2016
IN
SUIT NO.63 OF 2016
Rajesh Gopal Chawan and Ors. ... Appellants
Vs.
M/s. Aristo Reality Developers Ltd. and Anr. ... Respondents
Digitally
signed by
Pallavi
Mr. Girish Utangale and Mr. Chetan Mhatre I/by Utangale & Co. for the
Pallavi Mahendra
Mahendra Wargaonkar
Wargaonkar Date:
2018.10.11
16:13:56
+0530
Appellants.
Mr. M.V. Cherian for the Respondent No.1.
Mr. N.G. Thakkar, Senior Counsel a/w Mr. Maravoor Wamorkar I/by
Maravoor Wamorkar & Co. for the Respondent No.2.
CORAM : A.S.OKA AND M.S. SONAK, JJ.
DATE : 9th OCTOBER 2018.
P.C. :
1 Appeal is admitted. Advocate on record for the first
respondent waives service. Advocate on record for the second respondent waives service. This appeal shall be heard along with Appeal No.408 of 2017.
2 Place the Notice of Motion No.2091 of 2017 for hearing. The learned counsel appearing for the first defendant states that though the keys of 16 flats subject matter of the impugned order were handed over to the deceased mother of the plaintiffs and the second defendant, physical possession of the flats is still with the first defendant. We accept the said statement.
2 app-47.18.doc 3 There will be ad-interim stay of execution and operation of the impugned order. We, however, direct that the first defendant shall not part with possession of the 16 flats subject matter of the impugned order and shall not create any third party rights in respect of the said flats. Place the Notice of Motion for hearing on 21 st November 2018 when the request of the parties for fixing an early date of hearing will be considered.
4 We have perused the report of the learned Mediator which records failure of mediation. The report shall be re-sealed and kept on record.
(M.S. SONAK, J.) (A.S.OKA, J.)