Galaxy Corporation A Private ... vs Manju G Bathija And Ors
2023 Latest Caselaw 1237 Bom

                                                                 6-fa79-2023.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                   FIRST APPEAL NO.79 OF 2023
                             WITH
               INTERIM APPLICATION NO.734 OF 2023
                               IN
                   FIRST APPEAL NO.79 OF 2023

 Galaxy Corporation & Ors.                      ... Appellants
           V/s.
 Manju G. Bathija & Ors.                        ... Respondents

 Ms. Sonal with Mr. Rohit Gupta and Jimish Shah i/by
 Divya Shah Associates for the appellant.
 Mr. Prem S. Gidwani with Gouri Deshpande with
 Priyanka Tanna for the respondent No.1.
 Mr. Nilesh Parte for the respondent Nos.2, 3 & 5.


                               CORAM : AMIT BORKAR, J.

                               DATED      : FEBRUARY 6, 2023
 P.C.:

 FIRST APPEAL NO.79 OF 2023

1. Not on board. Taken on board by consent of the parties.

2. Arguable questions are raised.

3. Admit.

4. The appellant to file private paper book within one (1) year from today, failing which the the first appeal shall stand dismissed without further reference to the Court.

6-fa79-2023.doc

INTERIM APPLICATION NO.734 OF 2023

1. By the impugned judgment and decree, suit for possession on title has been decreed. According to the appellant, the suit was based on agreement to sale which confers no title.

2. Prima facie, on perusal of agreement it appears that there is no clause in the agreement which confers title on the plaintiff. The appellant has, therefore, made out a case for grant of ad-interim relief.

3. Until further orders, there shall be ad-interim relief in terms of prayer clause (a).

4. The opponent to file reply within two weeks from today.

5. The interim relief shall be considered after reply is filed by the respondent.

6. Stand over to 27th February, 2023.

7. To be heard along with First Appeal Nos.1328 of 2022 and 1329 of 2022.

(AMIT BORKAR, J.)