Bombay High Court
Naina Parwani And Anr vs Poonam Shahani And Anr on 10 February, 2020
Author: A.K. Menon
Bench: A.K. Menon
12.sl-1283-19.doc
sbw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1 OF 2019
IN
SUIT (L) NO.1283 OF 2019
Naina Parwani & Anr. ..Plaintiffs
v/s.
Poonam Shahani & Anr. ..Defendants
Mr. Vaibhav Shah i/b. Yusuf S. Mithi for the plaintiffs.
Ms. Dhruvi Shah a/w Sakina Shaikh i/b. Vinod Sampat for defendant no.1.
CORAM : A.K. MENON, J.
DATED : 10TH FEBRUARY, 2020.
P.C. :
1. On 16th December, 2019, when this application was first moved, time was sought to enter appearance and file a reply. Vakalatnama has since been filed. However, the reply is yet to be filed although the time was granted upto 24th January, 2020.
2. A statement was made on behalf of the defendant on that day that the defendant does not intend to alienate, transfer or otherwise encumber the suit flat till the next date. Thereafter the matter was adjourned to date.
3. Even today, no affidavit has been filed. The learned counsel for the defendant no.1 seeks time. The society has been served by the 1/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 14:01:51 :::
12.sl-1283-19.doc Advocate for the plaintiffs.
4. In view of the aforesaid, it appears that defendant no.1 is not interested in defending this application. However, since time is sought on the basis that the defendant no.1 is unwell, it will be necessary to protect the plaintiffs interest and accordingly, in view of the statement made on 16th December, 2019 there will have to be an injunction in favour of the plaintiffs.
5. The record indicates that pursuant to an order dated 16 th December, 2019 registry had issued notice to the defendant no.2 society which has been duly served on 3rd January, 2020 as seen from the service report dated 4th January, 2020. Defendant no.2 is absent on call.
6. I therefore pass the following order;
(i) There will be ad-interim relief in terms of prayer clauses (a) and (b) of the interim application excluding the bracketed portion which reads as follows;
"(a) That defendant nos.1 and 2 may be directed not to create any third party rights in the subject matter of the suit i.e. suit premises.
(b) The pending the hearing and final disposal of this suit, defendant nos.1 & 2 be restrained, by an order and injunction of this Court from in any manner, either by themselves or through their heirs, agents, servants, etc. from disposing, selling, alienating, [dealing with] or creating any 2/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 14:01:51 :::
12.sl-1283-19.doc third party right, title or interest in the suit property."
(ii) Defendant no.2 is directed to ensure that the order passed today is complied with. The society shall not entertain any application for transfer of suit flat being flat no.B-204, Sunswept Apartment, 2 nd floor, Sunswept CHS Ltd., Lokhandwala Complex, Andheri (W), Mumbai-53, without leave of this Court. Society to act on an authenticated copy of this order.
(iii) Reply to be filed within eight weeks from today.
(iv) Rejoinder to be filed within four weeks thereafter.
(v) Interim Application to come up in the regular course.
(A.K. MENON, J.) wadhwa 3/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 14:01:51 :::