Bombay High Court
S.K. Heights Private Limited vs Mohamed Sardar Haji Usman And Ors on 4 April, 2022
Bench: G.S. Patel, Madhav J. Jamdar
21-IA-785-2022 IN FA-127-2022.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 785 OF 2022
IN
FIRST APPEAL NO. 127 OF 2022
SK Heights Pvt Ltd ...Applicant
In the matter between
SK Heights Pvt Ltd ...Appellant
Versus
Mohamed Sardar Haji Usman & Ors ...Respondents
Mr Mayur Khandeparkar, with Zulifqar Jariwala, Ganesh Ambekar
& Shabbir Jariwala, i/b MDP & Partners, for the Appellant.
Mr RS Apte, Senior Advocate, i/b Ashutosh R Gole, for the
Respondent.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 4th April 2022
PC:-
1. The First Appeal has been admitted. The record and
proceedings has been called for. We have seen the prayers in the Suit
ARUN and the resultant Decree. In our view, the Appeal will have to be
RAMCHNDRA
SANKPAL
taken up on a priority basis for hearing and final disposal.
Digitally signed by
ARUN
RAMCHNDRA
SANKPAL
Date: 2022.04.05
14:14:25 +0530
4th April 2022
21-IA-785-2022 IN FA-127-2022.DOC
2. The project in question is described in the course of the
appeal memo itself thus:
"s) The Trial Court ought not to have passed the
impugned judgment and order granting partition of the suit
property when substantial work of development and
construction has taken place on the suit property by the
Appellant including:
(i) building constructed and handed over to
MMRDA comprising of ground + 19 floors having
298 units, of which, the possession has been handed
over to MMRDA in or around June 2021 and in
which the allottees are in occupation since June
2021. the land parcel on which the said building is
constructed is conveyed to MMRDA on or around
21.9.2019;
(ii) Three sale buildings, out of which two
comprising of basement, ground, podium and 20
upper floors and one comprising basement, ground,
podium and 18 upper floors. The said buildings have
an aggregate of 318 flats, 14 shops, 11 offices in
respect of all of which third party rights are
created/agreed to be created.
(iii) 5% equivalent to 271 square meters of the suit
properties has been transferred to the Municipal
Corporation vide Agreement dated 01.05.2014 and
registered on 02.05.2014 as amenity space,
whereupon a ground + 2 storeys fire station has been
constructed to Municipal Corporation vide
Agreement dated 1.5.2014 registered on 2.5.2014."
3. This is evidently a sizable project.
4th April 2022
21-IA-785-2022 IN FA-127-2022.DOC
4. We are made aware of an interim order of 5th October 2016 in
an Appeal from Order No. 319 of 2016.
5. We require the Appellants to file a detailed Affidavit of the
exact status of the entire project giving particulars of the residential
and commercial units that have been constructed and those that
have been sold or in respect of which third party rights of any nature
have been created. Particulars of the dates of sale will also be
required. In addition, at least one sample agreement must be
annexed showing compliance with the order of 5th October 2016.
We expect the details to be particularized showing how many flats
were sold before 5th October 2016 and how many sales have taken
place thereafter.
6. We will permit both sides to prepare a common paper-book.
This is to be done on or before 17th June 2022.
7. We list the Appeal peremptorily for hearing and final disposal
at 2.30 pm on 8th June 2022.
8. If necessary an additional paper-book is permitted by that
date.
(Madhav J. Jamdar, J) (G. S. Patel, J)
4th April 2022
