Dipak Patel vs Devang Champaklal Goradia
2021 Latest Caselaw 1883 Bom

                                                  26-IAinFA(st).doc


Chitra Sonawane


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

             Interim Application (Stamp) No. 99019 of 2020
                                    In
                 First Appeal (Stamp) No. 99017 of 2020

Dipak Patel                                 .. Applicant.

IN THE MATTER BETWEEN
Dipak Patel                                 .. Appellant.
     Vs.
Devang Champaklal Goradia & Anr             ... Respondents.

                          .....
Mr.Gauraj Shah a/w Mr.Karshil Shah i/b Kanga & Co. for
applicant/appellant.
None for the respondents.

                         CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 28th JANUARY, 2021

P.C.

1. Leave to amend.

2. Amendment shall be carried out within one week. After carrying out amendment, memo of appeal shall be served upon the respondents.

3. Re-verification is dispensed with.

4. Heard the learned Counsel for the applicant for some time in view of urgent praecipe moved today.

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5. The applicant is the original defendant No.2 in S.C.Suit No.5107/2017. It is submitted that the learned trial court has passed only the operative order on 9th November 2020 which reads thus;

1.Suit is decreed with costs.

2. Plaintiff to deposit the amount of balance consideration of Rs.89.50 lacs (eighty nine lacs and fifty thousand).

3. On depositing of the amount of Rs.89.50 lacs, plaintiff to inform the present defendant no.1 (a) and defendant no.2.

4. Defendant no.1(a) to execute and register sale deed/conveyance in respect of suit flat in favour of the plaintiff within a period of four weeks from the intimation by the plaintiff and defendant no.2 to join the sale deed/conveyance so as to pass on the title which resides in him to plaintiff.

5. Defendant No.2 to hand over the possession of the suit flat within a period of four weeks of the deposit of the amount by the plaintiff.

6. In case the defendant no.1(a) and defendant no.2 failed to execute and register the sale deed/conveyance and deliver the possession, the plaintiff is at liberty to get it done through the process of this Court.

7.Court Receiver is discharged without passing any accounts and plaintiff to pay the charges if any payable to the Court Receiver.

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8. Out of the amount of Rs.89.50 lacs deposited by the plaintiff, the amount of Rs.46 lacs to be paid to defendant no.2, after execution and registration of the sale deed/conveyance and delivery of possession to the plaintiff.

9. The remaining amount of Rs.43.50 lacs to be paid to the defendant no.1(a).

6. However, the Judgment was uploaded and made available to the learned Counsel for appellant on 5 th January 2021. There was no occasion for the learned Counsel for the appellant to go through the reasoning of the Judgment. According to him, the appellant reserves his right to challenge the same as he was bonafide purchaser of the suit property without notice.

7. Having taken into consideration the relevant facts, application is allowed in terms of prayer clause (a) till the returnable date.

8. Issue notice to the respondents returnable on 25th February 2021.

9. In addition to Court notice, the applicant shall serve the respondents with private notice and shall file an affidavit of service.

                                         (PRITHVIRAJ K. CHAVAN, J.)
     Shailaja    Digitally signed
                 by Shailaja S.
     S.          Halkude
                 Date: 2021.01.29
     Halkude     18:20:27 +0530


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