Mr. Peter Andrew Vaity(Deleted) His ... vs Mrs.Branjya Andrew Vaity And Ors
2024 Latest Caselaw 2597 Bom

Bombay High Court

Mr. Peter Andrew Vaity(Deleted) His ... vs Mrs.Branjya Andrew Vaity And Ors on 29 January, 2024

Author: M.M. Sathaye

Bench: M.M. Sathaye

                                                                                             37 fa 1343-13.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                              FIRST APPEAL NO. 1343 OF 2013
                                                           WITH
                                            CIVIL APPLICATION NO. 3663 OF 2013

                        Noel Peter Vaity and Anr.                                       ...Appellants
                              Versus
                        Branjya Andrew Vaity and Ors.                                   ...Respondents
SNEHA
NITIN                                                   ************
CHAVAN                 None for Appellant.
Digitally signed by
SNEHA NITIN
CHAVAN                 Mr. Roop Vasudeo for Respondent No.6.
Date: 2024.01.30
18:57:19 +0530
                                                        ************
                                                          CORAM : M.M. SATHAYE, J.

                                                          DATE       : 29th JANUARY, 2024
                       P.C. :

1. This is an appeal filed in 2013 challenging the Judgment and Decree dated 16 July 2013 passed by City Civil Court at Bombay in L.C. Suit No. 587 of 2003, under which decree the suit was dismissed. The appeal record shows that till date, it is not admitted.

2. Civil Application No. 3663 of 2013 is filed for interim injunction. In this application, notices are issued, however office note shows that as on today, notices are not duly served on Respondent Nos. 1 to 5.

3. Learned counsel appearing for Respondent No.6/Developer states that according to Respondent No.6, the building came to be completed in 2002 and occupation certificate is received on 7

37 fa 1343-13.doc

September 2002 and the entire FSI of CTS Nos.130 and 131 is consumed.

4. Apparently the matter is pending since last more than 10 years without the same being either moved or pressed for any final orders. Today, none appeared for Appellant/Applicant.

5. In these circumstances, stand over to 6 February 2024.

(M.M. SATHAYE, J.)