D.Y.CHANDRACHUD
Atul Projects India – Appellant
Versus
Babu Dewoo Farle – Respondent
1. The Notice of Motion has been taken up on the request of the learned counsel for the contesting parties for hearing and final disposal since the pleadings are complete. The learned counsel appearing on behalf of the Plaintiff undertakes to get the draft Motion registered by removing the office objections, if any.
2. The Motion for interim relief arises in a suit for specific perfommnce seeking:
(i) A declaration that an agreement dated 1 December 2003 as confirmed by a Deed of Confirmation dated 24 December 2004 is valid and subsisting;
(ii) A declaration that the termination of the agreement made on 22 April 2010 is invalid; and
(iii) A decree for specific performance requiring Defendants 1 to 18 to perform the agreement for the sale of the property.
Consequential reliefs have been sought including a declaration that the subsequent Deed of Conveyance dated 23 July 2010 is null and void.
3. Defendants 1 to 18 claim ownership of certain lands in pursuance of Certificates which were issued under Section 32G read with Section 32M of The Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act"). They are tribals. The Maharashtra Housing and Area Development Authority c
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