Mrs. Christaline Fernandes And ... vs Joquim'S Palm Avenue Co-Op. Hsg. ...
2023 Latest Caselaw 6830 Bom

                                                      15-183-2015-FA=.doc

Uday S. Jagtap


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO. 183 OF 2015
                                 WITH
                   CIVIL APPLICATION NO. 3535 OF 2014
                                   IN
                      FIRST APPEAL NO. 183 OF 2015

 Mrs. Christaline Fernandes & Ors.                    .. Appellants

          Vs.

Joquim's Palm Avenue Co-op. Hsg. Society
Ltd. & Ors.                                          .. Respondents

                               .....
Ms. Vidita Bhalekar I/B Mr. Sameer R. Bhalekar for the appellants

Mr. J.S. Kini a/w Mr. Aum Kini i/b Ms. Sapna Krishnappa for the
respondent no.1

Mr. Santosh Parad for the respondent no.11 - MCGM
                               .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 11th JULY, 2023 P.C.

1. A statement was made across the bar by the learned Counsel

for the respondent no.1 on the last date that the appellants have

made construction and also created third party interest in the suit

premises. The learned Counsel for the appellants had sought time

to take instructions.

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2. Today the learned Counsel for the appellants, on instructions,

submits that neither there is any construction nor any third party

interest has been created. She also submits that the appellant no.3

is paralyzed and has been admitted in the hospital at Kolhapur.

3. Learned Counsel for the respondent no.1 on the other hand,

on instructions, submits that the respondent no.1 is present today in

Mumbai. The learned Counsel for the respondent no.1 has placed

reliance on a judgment of this Court in case of Madhuvihar Co-Op.

Housing Society & Ors. Vs. M/s. Jayantilal Investiments & Ors.,

reported in (2010) SCC Online Bom 1519 stating that in view of

the ratio laid down by this Court, the appeal can be disposed of

finally.

4. Learned Counsel for the appellants seeks time to go through

the judgment.

5. Learned Counsel for the appellants shall file an affidavit of

the appellant no.3 as well as the Medical Certificate indicating the

alleged illness with which he has been suffering, on the next date

without seeking any further adjournment.

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6. Mr. Parad, learned Counsel for the respondent no.11 -

MCGM shall take instructions from the department as to whether

there is any construction in breach of the orders passed by this

Court as alleged by the learned Counsel for the respondent no.1.

7. List on 27th July, 2023.

(PRITHVIRAJ K. CHAVAN, J.)

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