Partly allowed

G. Pratosh Arun v. Punshi Kuverji Chheda and Ors.

Bombay HC5 Oct 2007CAF/2621/2007

Case brief

AI extract

What is this about?

The High Court in Civil Application No. 2621 of 2007 rejected the Applicant's prayer to modify an interim order permitting construction pending appeal but granted an extension of six months for executing conveyance.

What did the court decide?

Prayer (a) for modification of interim order rejecting construction permission is rejected; time for execution of conveyance is extended by six months.

G. Pratosh Arun Vs Punshi Kuverji Chheda and Ors. — Property and Title | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

CIVIL APPELLATE JURISDICTION.

¶3

CIVIL APPLICATION NO. 2621 of 2007.
IN
FIRST APPEAL NO. 1041 OF 2004.

¶4

 -----------------------------------------------------------------
 Office notes, office
 memoranda of Coram,
 appearances, Court’sCourt’s or Judge’s orders.
 orders or directions
 and Registrar’s orders.
 -----------------------------------------------------------------

¶5

Shri Yadunath Chaudhary for the Applicant.

¶6

Ms.Nisha Dabhade for the Respondent-BMC.

¶7

CORAM : ABHAY S.OKA, J.
DATED : 5th October, 2007.

¶8

P.C.:

¶9

1.Heard the learned Advocate for the
Applicant and the Advocate for Respondent No.8.

¶10

2.Prayer (a) of this Application is for
modification of the interim order dated 5th July
2004 for permitting the Applicant to put up
construction in a part of the stilt area as per the
approved plan. Considering the findings recorded
by the trial Court and the decree passed by the
trial Court, such a relief cannot be granted during
the pendency of the Appeal. Prayer (b) is for
extension of time to execute conveyance. Extension
of time for six months deserves to be granted.

¶11

: 2 :

¶12

3.Hence the Application is disposed of by the

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following order:

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i)Prayer (a) is rejected.

¶15

ii)Time for execution of the conveyance is
extended by a period of six months from
today.

¶16

iii)Civil Application is disposed of.

¶17

Judge.

G. Pratosh Arun v. Punshi Kuverji Chheda and Ors.

Case brief

What is this about?

What did the court decide?

G. Pratosh Arun v. Punshi Kuverji Chheda and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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