Chapsi Gogri vs Dahisar Darshan Co-Op Housing ...
2023 Latest Caselaw 8799 Bom

                                             15-FA-1703-2013.doc


Shailaja


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION
               FIRST APPEAL NO.1703 OF 2013

Ishwar Bhairu Badre and others    ]    Appellants
      Vs.
Dahisar Darshan Co-Op.Housing ]
Society Ltd and others            ]    Respondents
                               a/w

                FIRST APPEAL NO.176 OF 2012
Chapsi Gogri                  ]    Appellant
      Vs.
Dahisar Darshan Co-Op.Housing ]
Society Ltd. and others       ]        Respondents

                            a/w
                FIRST APPEAL NO.177 OF 2012

Chapsi Gogri                  ]        Appellant
      Vs.
Dahisar Darshan Co-Op.Housing ]
Society Ltd. and others       ]        Respondents

                            .....
Mr. Abhishek Deshmukh, for Appellant in First Appeal No.176 of
2012.

Mr. Samir Suryawanshi, for Appellant in First Appeal No.1703 of
2013.

Mr. Gupta a/w Ms. Vishaki Bhatia, for Respondent No.1.

Mr. Santosh Parad, for Respondent Nos.3 and 4- M.C.G.M.
                               .....

                      CORAM : PRITHVIRAJ K. CHAVAN, J.

                       DATE      : 28th August, 2023.




                                                               1 of 3
                                                15-FA-1703-2013.doc


P.C.

1. Mr. Suryawanshi submits that he had already furnished a

private paper book to the learned Counsel for the respondents

pursuant to an order passed by this Court on 19th June, 2023. It is

submitted that since all the appeals arise out of a common

judgment, a single private paper book has been filed.

2. Learned Counsel for respondent No.1, on instructions,

submits that after the impugned judgment and decree dated 22nd

December, 2011, the appellants have created third party rights by

executing a registered conveyance deed with one Mr. Anil Jain on

31st December, 2012. At the time of granting stay to the impugned

decree by this Court on 12th March, 2013, the respondents were

unaware of creation of third party rights by the appellants.

However, respondents thereafter filed a suit against the appellants

and the purchaser-Mr. Anil Jain for cancellation of Conveyance

Deed.

3. Learned Counsel for the appellants in First Appeal No.1703

of 2013, on instructions, seeks time to take instructions and to

make an appropriate statement.

2 of 3 15-FA-1703-2013.doc

4. At his request, list on 1st September, 2023.

5. Liberty to the learned Counsel for the respondents to tender

relevant documentary evidence as regards creation of third party

rights by the appellants during pendency of the appeal.

[PRITHVIRAJ K. CHAVAN, J.]

Signed by: Shailaja Halkude Designation: PA To Honourable Judge 3 of 3 Date: 29/08/2023 17:26:47