Bombay High Court
Clover Developers Private ... vs Rakhee Sachdev And Ors on 3 August, 2021
Bench: K.K. Tated, P. K. Chavan
13-FA-ST-14085-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL [STAMP] NO.14085 OF 2021
Clover Developers Private Limited and others. ] Appellants
Vs.
Rakhee Sachdev and others. ] Respondents
.....
Mr. Prasad Dhakephalkar, Senior Advocate a/w Mr. Mayur
Khandeparkar a/w Ms. Kausar Banatwala a/w Ms. Gauri
Sakhardande i/b Tushar Goradia, for Appellants.
Mr. Prasad Dani, Senior Advocate a/w Mr. Drupad Patil a/w Mr. Lalit
Jhunjhunwala a/w Mr. Pawan Patil, for Respondents No.1 to 9.
Dr. Milind Sathe, Senior Advocate a/w Mr. Vishal Kanade i/b Ms.
Neuty N. Thakkar, for Respondents No.10 to 17, 22, 23.
Mr. S. Sharma a/w Mr. Vijay Upadhyay, for Respondent No.25.
.....
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 3 rd AUGUST, 2021.
P.C.
1. Heard learned Counsel for the parties.
2. Learned Counsel for the respondents waive service on behalf
of respondents.
SHAILAJA Digitally signed by
SHAILAJA SHRIKANT
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SHRIKANT HALKUDE
Date: 2021.08.07
HALKUDE 15:35:45 +0530
13-FA-ST-14085-2021.doc
3. Mr. Dhakephalkar, learned Senior Counsel appearing on
behalf of the appellants submits that by this First Appeal, original
defendants No.1 and 2 are challenging the judgment and decree
dated 30th April, 2021 passed by the learned Civil Judge, Senior
Division, Pune in Special Civil Suit No.867 of 2018 holding that
the sanctioned plans stand cancelled. Operative part of the said
order reads thus;
"1. Suit is decreed with costs.
2. It is hereby declared that all the revised/sanctioned
plans i.e CC No.414/2021 dated 09/05/2012, CC
No.3885/2014 dated 04/03/2015, CC No.2744/2016
dated 02/12/2016 and Layout No.583/2016 after the
plan dated 06/02/2007 bearing CC No.3877/2006
stands cancelled being void-ab-initio.
3. It is further declared that the documents of sale
transactions of defendant Nos.3 and 4 vide
agreements dated 14/11/2007 bearing registration
No.12878/2017 of Building No./Unit No.9/9091,
defendant No.5 and 6 vide agreements dated
19/03/2018 bearing registration No.4108/2018 of
Building No./Unit No.9/9101, defendant No.7 vide
agreements dated 28/12/2017 bearing registration
No.0489/2018 of Building No./Unit No.9/9122,
defendant Nos.7-A to 7-C 8 vide agreements dated
28/12/2017 bearing registration No.0488/2018 of
Building No/Unit No.9/9102, defendant Nos.8 to 11
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vide agreements dated 22/01/2018 bearing
registration No.1118/2018 of Building No./Unit
No.8/8093 and defendant Nos.12 and 13 vide
agreements dated 07/03/2018 bearing registration
No.3351/2018 of Building No./Unit No.9/9142 in
disputed buildings as void-ab-initio and not binding
on plaintiffs.
4. Defendant Nos.1 and 2 are hereby mandatorily
restrained from undertaking the construction of
building No.8 and 9 as per all the revised/sanctioned
plans i.e C.C. No.414/2012 dated 09/05/2012, CC
No.3885/2014 dated 04/03/2015, CC No.2744/2016
dated 02/12/2016 and layout No.583/2016 after the
plan dated 06/02/2007 bearing CC No.3877/2006.
5. Defendant Nos.1 and 2 are further directed by way of
mandatory injunction to demolish the constructions
which is done as part of building No.8 and 9, on the
basis all the revised layout plan/building plans
revised/sanctioned plans i.e CC No.414/2012 dated
09/05/2012, CC No.3885/2014 dated 04/03/2015,
CC No.2744/2016 dated 02/12/2016 and Lay out
No.583/2016 after the plan dated 06/02/2007
bearing CC No.3877/2006 within a period of 4
months from this order. If these defendants failed to
comply said order within stipulated time, plaintiffs
are at liberty to demolish said structure by incurring
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own expenses and recovered the said expenses from
defendant No.1 and 2.
6. Defendant No.1 and 2 and their agents are hereby
permanently restrained from revising the plans as is
existing today including CC NO.414/2012 dated
09/05/2012, CC No.3885/2014 dated 04/03/2015,
CC No.2744/2016 dated 02/12/2016 and Lay out
No.583/2016.
7. Defendant No.1 and 2 are hereby directed to pay
Rs.5,00,000/- (Rupees Five Lakhs only) jointly and
severally to the plaintiffs as compensation towards
damages, harassment and mental agony and
inconvenience caused to them within 4 months from
the date of this order.
8. Decree be drawn up accordingly".
4. Mr. Dhakephalkar, learned Senior Counsel submits that the
appeal be admitted and matter be heard on merits.
5. Considering the submission made by Mr. Dhakephalkar,
learned Senior Counsel, and impugned judgment and decree,
following order is passed;
:ORDER:
(a) Admit;
(b) Printing is dispensed with;
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(c) The appellants to file private paper book within
one year from today, failing which, the first
appeal will stand dismissed without further
reference to the Court,
(d) Registry is directed to call Record and
Proceeding immediately.
[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]
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