Bombay High Court
Clover Developers Private ... vs Rakhee Sachdev And Ors on 3 August, 2021
Bench: K.K. Tated, P. K. Chavan
13-IA-1692-2021.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1692 OF 2021
IN
FIRST APPEAL [STAMP] NO.14085 OF 2021
Clover Developers Private Limited and others. ] Applicants
Vs.
Rakheee 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.
SHAILAJA Digitally signed by
SHAILAJA SHRIKANT
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SHRIKANT HALKUDE
Date: 2021.08.07
HALKUDE 15:35:45 +0530
13-IA-1692-2021.doc
3. By this interim application, the applicants-original
defendants No.1 and 2 are seeking stay to the operation and
implementation of 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. Operative part of the judgment and
decree 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 vide
agreements dated 22/01/2018 bearing registration
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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 own expenses and recovered the
said expenses from defendant No.1 and 2.
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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 appearing for the
applicants submits that all the respondents are duly served by
private notice. When the matter was called out, no one appeared
on behalf of respondent No.24 i.e Pune Municipal Corporation.
5. As no one appeared on behalf of respondent No.24-P.M.C,
following order is passed;
:ORDER:
(a) The applicant is permitted to re-serve respondent No.24 by
private notice along with entire proceedings either by
R.P.A.D or Hand Delivery stating that if time permits, Interim
Application will be decided finally at the stage of hearing on
10th August, 2021;
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(b) The applicant to file affidavit of service on or before 9 th
August, 2021;
(c) Interim protection granted by the trial Court by order dated
30th April, 2021 on applicants' application dated 30 th April,
2021 to continue till 10th August, 2021;
(d) Liberty is granted to the respondents, if they so desire, to file
reply, if any, on or before 7th August, 2021 with copy to the
other side;
(e) Stand over to 10th August, 2021.
[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]
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