Harminder Singh Tarlok Singh Suri vs Tarlok Suri (Dec.) Thr. Lrs. S. ...
2021 Latest Caselaw 14498 Bom

                                                                                  12-fa-366-2021.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO.2704 OF 2021
                                                          IN
                                              FIRST APPEAL NO.366 OF 2021

                   Harminder Singh Tarlok                                  ...Appellant
                              vs.
VISHAL             Tarlok Singh Hukamsingh Suri (since Deceased)
SUBHASH
PAREKAR            through S. Amarpal Singh Suri and Others                ...Respondents

Digitally signed   Mr. S.N. Vaishnav a/w. Ms. Nupur Mukherjee i/b. M/s. N.N.
by VISHAL
SUBHASH
PAREKAR
                   Vaishnawa & Co., for the Appellant
Date: 2021.10.06
18:06:07 +0530
                   Mr. Sumit Kare i/b. Dr. Uday Warunjikar, for the Respondent Nos. 1
                   and 4.

                                                  CORAM :   N. J. JAMADAR, J.

                                                  DATE :    OCTOBER 05, 2021

                   P.C.:

                   .       Heard the learned counsel for the appellant and the learned

                   counsel for respondent Nos. 1 and 4.

2. The learned counsel for respondent Nos. 1 and 4 seeks time to

file an affidavit in reply.

3. Let the affidavit in reply be filed within a period of two weeks

and its copy be served on the appellant.

4. The appellant shall be at liberty to file affidavit in rejoinder

within a week thereafter.

5. The learned counsel for the applicant submits that the

execution and operation of the impugned judgment and decree

dated 27th August, 2021, was initially stayed by the learned Judge,

Vishal Parekar, P.A. ...1 12-fa-366-2021.doc

City Civil Court for a period of 30 days. However, on 27 th September,

2021, the share certificate came to be transferred in the name of

Amarpal Singh Suri, respondent No. 1A.

6. The learned counsel for respondent Nos. 1 and 4 has invited

the attention of the Court to the order passed by learned Judge, City

Civil Court on 27th September, 2021 whereby Notice of Motion came

to be disposed of as infructuous. It was recorded that the

constituted attorney of the plaintiff made a statement that he would

not sale or create third party interest in the suit property.

7. In the light of the aforesaid developments in the intervening

period, it would be expedient in the interest of justice to direct that

the transfer of the share certificate in the name of respondent No.

1A, shall be subject to the outcome of this appeal and the statement

made on behalf of the plaintiff that no third party interest would be

created in the suit property shall remain in operation till the next

date.

8. List on 27th October, 2021 along with First Appeal (St.)

No.18455 of 2021.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                          ...2