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2009 Supreme(Bom) 1429

S.J.VAZIFDAR
Rukhana Enterprises – Appellant
Versus
Ashoka Marketing Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs:H. Toor a/w Ms. Sudedha Sawant i/b Nainesh Amin, Advocates.
For the Defendants:D1, Arif Doctor a/w C. D. Patel & S. Srisrishna i/b Kanga & Co. a/w Amit Jamsandekar i/b Kanga & Co., D2 to D4, Vishal Kanade i/b N. Raja, Snehal Shah a/w Jignesh Gor i/b Narayan & Narayan, Advocates.

Judgment :

1. This is the plaintiff’s Chamber Summons to amend the plaint by impleading the respondent as defendant No.5 and seeking various reliefs against the respondent, including a declaration that a deed of conveyance dated 31st October 2007 executed between defendant No.1 and the respondent in respect of the suit property is null and void and not binding on the plaintiff and an order directing the respondent to carry out all acts for the transfer and vesting of the suit property, mentioned in the plaint and handing over possession of the suit property to the plaintiff.

2. The suit is filed for specific performance of an alleged agreement dated 28th July 2005 entered into between the plaintiff and defendant No.1, as allegedly modified. Defendant No.1 is the owner of the suit property. Defendant Nos. 2 to 4 are the heirs of the person in possession of the suit property. In this Chamber Summons it is not necessary to consider merits of the rival contentions of the parties. Suffice it to say that according to the plaintiff, the agreement between defendant No.1, one K.P. Subhash, the predecessor of defendant nos. 2 to 4 and the plaintiff for the sale of the suit property namely la




























































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