Kanji Ravaria vs Anis Ismail Khoja - 2022 Supreme(Bom) 2048

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 2048

ANUJA PRABHU DESSAI
Kanji Ravaria – Appellant
Versus
Anis Ismail Khoja – Respondent

Advocates Appeared:
Sandesh D.Patil, Advocate, Sanjiv Sawant, Advocate, Abhishek Matkar, Advocate, Abhishek P.Deshmukh, Advocate

JUDGMENT

1. Heard finally with consent of the parties.

2. The Appellant herein has challenged the Judgment dtd. 17/3/2019 in Civil Appeal No.28 of 2016. By the impugned judgment, the learned District Judge, Palghar allowed the appeal, set aside the judgment and decree dtd. 24/2/2016 in Special Civil Suit. No.46 of 2011 and consequently decreed the Suit and declared that the Deed of Conveyance dtd. 3/12/2010 between the Appellant and Respondent No.1void ab initio and not binding on the Respondent Nos.2, 3 and 4. The learned Judge also restrained the Appellant and Respondent No.1 from obstructing possession of the Respondent Nos. 2, 3 and 4 and creating third party interest in respect of the suit property.

3. The Respondent Nos.2, 3 and 4 shall be hereinafter referred to as the Plaintiff Nos.1 to 3, whereas the Respondent No.1 and the Appellant shall be referred to as Defendant Nos.1 and 2 respectively.

4. The dispute is in respect of portion of land admeasuring 1.70 hectors of property under Survey No.13/1 of village-Shelavli, Palghar. The said property shall be hereinafter referred to as 'the suit property'.

5. The Defendant No.1 was the owner of the property under Survey No.13/1 of