Advocates:
['SUREL S SHAH', 'A PUNGALIYA', '', '', 'R NOS TO ARE SERVED']

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPELLATE JURISDICTION

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.331 OF 2008

WITH

CIVIL APPLICATION NO.390 OF 2008

Vikrant Sudhakar Narekar ..Appellant.

Vs.

Pandurang Dashrath Jinde

& Ors. ..Respondents.

Mr.S.S.Shah for the Appellant.

Mr.A.M.Pungliya for Respondent Nos.1 and 2.

CORAM : S.J. VAZIFDAR, J.

CORAM : S.J. VAZIFDAR, J.

CORAM : S.J. VAZIFDAR, J.

DATED : 12TH JUNE, 2008

DATED : 12TH JUNE, 2008

DATED : 12TH JUNE, 2008

P.C. :

P.C. :

P.C. :

Admit. Heard finally.

2. I will presume that Respondent No.3 defrauded

Respondent Nos. 1 and 2. Respondent No.1 is the

father of Respondent Nos.2 and 3. Prima-facie

atleast, there is nothing to suggest that the

Appellant had mislead or defrauded Respondent Nos.1

and 2 in any manner. The Appellant is a stranger to

the family. He purchased the property in the year

2006. Admittedly, the property stood in the name of

Respondent No.3 and the property was purchased in

the name of Respondent No.3 when he was a minor.

There is no document to suggest that the property

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was for the benefit of the coparcenary. It is also

important to note that Respondent No.1 admittedly

witnessed the receipts evidencing the payment of the

entire consideration. The slab for the third floor

has also been constructed. It is only at this stage

that the suit is filed.

3. Prima-facie, the Appellant has been made to

alter his position to his detriment. There is

nothing against the Appellant on facts.

4. In the circumstances, the following order is

passed :-

i) Pending the hearing and final disposal of the

suit, the Appellant shall be entitled to

continue and complete the construction and

dispose of the same or parts thereof, subject

to the condition that the purchasers shall

file an affidavit in the trial Court agreeing

to be bound by the outcome of the suit.

ii) The said affidavit will be filed before any

agreement is finally executed.

5. The Appeal from Order and the Civil Application

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stand disposed of accordingly.