Shashikant Dattattrya Chaskar ... vs Mansur Ismail Patel And Ors
2022 Latest Caselaw 11157 Bom

                                                                    7-FAST-11797-2022 +.DOC




                      Ashwini



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                    FIRST APPEAL (ST) NO. 11797 OF 2022
                                                     WITH
                                  INTERIM APPLICATION NO. 18948 OF 2022
                                                       IN
                                    FIRST APPEAL (ST) NO. 11797 OF 2022
                                                     WITH
                                INTERIM APPLICATION (ST) NO. 11805 OF 2022
                                                       IN
                                    FIRST APPEAL (ST) NO. 11797 OF 2022


                      Mangalmurti Shelters Pvt Ltd                           ...Appellant
                           Versus
                      Mansur Ismail Patel & Ors                           ...Respondents

                                                     WITH
                                       FIRST APPEAL NO. 551 OF 2022
                                                     WITH
ASHWINI
HULGOJI                           INTERIM APPLICATION NO. 3623 OF 2022
GAJAKOSH
Digitally signed by
ASHWINI HULGOJI
GAJAKOSH
                                                       IN
Date: 2022.10.21
10:07:41 +0530
                                       FIRST APPEAL NO. 551 OF 2022

                      Shashikant Dattattrya Chaskar & Ors                    ...Appellants
                           Versus
                      Mansur Ismail Patel & Ors                            ...Respondents




                                                     Page 1 of 3
                                                20th October 2022
                                                7-FAST-11797-2022 +.DOC




Mr Shriram Kulkarni,i/b Sachin Chavan, for the Applicant in both
     IAs.
Mr Shivshankar D Patil, for the Appellant.
Mr Ashish Raghuvanshi, for Respondents Nos. 1&2.


                     CORAM        G.S. Patel &
                                  Gauri Godse, JJ.

                     DATED:       20th October 2022
PC:-

1. Mangalmurti Shelters Private Limited, the Appellant in First Appeal (Stamp) No. 11797 of 2022, was not a party to the original Suit. It claims to be a purchaser of part of the property in question and which was the subject matter of the specific performance of the Suit. In Interim Application No. 18948 of 2022, it seeks leave to Appeal.

2. There is another Interim Application for stay of the impugned judgment and order dated 25th February 2022 passed by the Civil Judge Senior Division, Pune in Special Civil Suit No. 305 of 2008.

3. In Mangalmurti Shelters's Appeal, Respondents Nos. 1 and 2 were the original Plaintiffs. Respondents Nos. 3 to 5 were the original Defendants. Respondents Nos. 3/1 and 4 are represented. Respondent No. 5, Square Developers is not. Respondents Nos. 1, 2, 3/1 and 4 waive service. Their Advocates seek time to take instructions and to file Affidavits in Reply to the Interim Application.

20th October 2022 7-FAST-11797-2022 +.DOC

4. Issue Notice to Respondents No. 3/2 and 3 (a), (b), (c) and (d) and 5. In addition to service through Court, private service is permitted including by courier and by email. An Affidavit proving service will be required. Notice returnable on 28th November 2022.

5. Affidavits in Reply are permitted by 18th November 2022.

(Gauri Godse, J)                                    (G. S. Patel, J)





                           20th October 2022