Kaycee Corporation vs Manju G. Bhathija And Ors
2023 Latest Caselaw 1252 Bom

                                                              7-fa1329-2022.doc


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

                 FIRST APPEAL NO.1329 OF 2022
                            WITH
             INTERIM APPLICATION NO.20104 OF 2022
                              IN
                 FIRST APPEAL NO.1329 OF 2022


 Kaycee Corporation                             ... Appellant
           V/s.
 Manju G. Bhathija & 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.1329 OF 2022

1. Arguable questions are raised.

2. Admit.

3. 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.

7-fa1329-2022.doc

INTERIM APPLICATION NO.20104 OF 2022

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. Stand over to 27th February, 2023.

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

(AMIT BORKAR, J.)