Shantilal Vaghji Shah vs Faroukh Jehangir Karanjia
2023 Latest Caselaw 4413 Bom

                                                                 19-rpl-11778-2023.doc

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                         REVIEW PETITION (L) NO.11778 OF 2023
                                              IN
                                     SUIT NO.833 OF 2015

       Shantilal Vaghji Shah & Os.                             ...Petitioners

               Versus

       Faroukh Jehangi Karanjia & Ors.                         ...Respondents
                                     ----------
       Mayur Khandeparkar with Anand Paid with Pratik Kothari for the
       Petitioners.
       Shariq Nachan with Ziyad Madon i/b. Prabhakar Jadhav for the
       Plaintiffs / Respondent Nos.1 to 6.
       Prerak Sharma and N.U. Dedhia for Respondent No.7.
                                           ----------

                                           CORAM : R.I. CHAGLA J.
                                           DATE  : 28 APRIL 2023.
       ORDER :

1. The delay in filing the Review Petition is condoned.

2. By this Review Petition, the Petitioner / Original

Defendant Nos. 1 to 5 have sought review of the Order and Judgment

dated 20th January, 2023 passed in Interim Application No.3359 of

2021 in Suit No.833 of 2015 and for quashing and setting aside the

same to the extent of granting prayer Clauses (b) and d(i) to d(iv).

19-rpl-11778-2023.doc

3. Mr. Khandeparkar, learned Counsel appearing for the

Petitioners has submitted that the decree on admission which was

passed by this Court vide order dated 20th January, 2023 was in

terms of prayer Clauses (a) to (d) and the amended prayers (d) (i) to

(d) (iv) of the Plaint. The prayer Clause (d) (v) was excluded by the

said Order. He has submitted that in paragraph 5 of the Affidavit in

Reply filed by the Defendant No.1 as Constituted Attorney for

Defendant Nos.2 to 5, it was stated that the Defendants who are legal

survivors of the said Shri Vaghji Nagpar Shah confirm that they are

willing to do all that needs to be done to perfect the title of the

Plaintiffs without any financial liability on their part of whatsoever

nature and on the understanding that the Plaintiffs alone will incur

all expenses in this regard. He has submitted that by the said decree

on admission passed also in terms of prayer Clauses D(i) to d(iv) is

contrary to the averment in the Affidavit in Reply which had clearly

disputed grant of such prayers making the Plaintiffs financially liable.

4. Upon a query put to the learned Counsel appearing for

the Petitioners / Plaintiffs as to whether he is agreeable to the recall

of prayer Clauses d(i) to d(iv) in respect of which decree on

admission has been passed, he very fairly responded that prayer

19-rpl-11778-2023.doc

Clauses d(i) to d(iv) may be recalled from the said order.

5. Accordingly, the said Order dated 20th January, 2023 is

modified by restricting the decree passed in the Suit to prayer

Clauses (a) to (d) and prayer Clauses d(i) to d(iv) is recalled from

the decree passed by way of the said Order.

6. Accordingly, the said order dated 20th January, 2023

stands modified to the above extent.

7. The office shall expedite the execution of the decree and

in particular prayer Clause (d) thereof by executing the Deed of

Conveyance (being Exhibit N to the Plaint) in respect of the Suit

property in favour of the Plaintiff and Defendant No.6 in terms of

prayer clause (c) of the Plaint through the Prothonotary and Senior

Master.

[ R.I. CHAGLA J. ]