Disposed

Ashok Shridhar Rasal v. Shri. Shridhar Ganesh Rasal

Bombay HC29 Aug 2007CAS/924/2003

Case brief

AI extract

What is this about?

The High Court stayed execution of the decree directing joint possession of a suit house. It passed an interim order allowing the applicant to construct a first floor first, with right for respondents to build a second floor if the applicant fails to commence within one year.

What did the court decide?

Execution of joint possession clause stayed; applicant permitted to construct first floor within one year; respondents entitled to construct second floor thereafter if applicant fails to start.

Ashok Shridhar Rasal Vs Shri. Shridhar Ganesh Rasal — Partition | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.924 OF 2003

¶3

IN

¶4

SECOND APPEAL NO.623 OF 2003

¶5

Ashok Shridhar Rasal...Applicant
Versus
Shri Shridhar Ganesh Rasal
(since deceased) his legal heirs
Smt.Kamal Shridhar Rasal & Ors....Respondents

¶6

Shri R.V.Govilkar for the Applicant.
Shri R.M.Pethe i/by Shri R.G.Ketkar for the Respondents.

¶7

CORAM : ABHAY S.OKA, J.
DATED : AUGUST 29, 2007.

¶8

P.C.:

¶9

1.Rule.Heard Advocates appearing for the

¶10

parties. The operative part of the decree passed by the
Appellate Court reads thus:

¶11

"2.Judgment and decree in Spl.Civil Suit
No.222 of 21986 is hereby set aside
and instead of it, following order is
passed:

¶12

(1)It is hereby declared that the
Plaintiff Nos.1A to 1D and

¶13

defendant are the joint owner
of the suit house upon plot
No.262, as detailed in para
No.1 of the plaint.

¶14

(2)The defendant is directed to

¶15

... 2 ...

¶16

put the Plaintiff Nos.1A to 1D
in joint possession of the
suit house alongwith him".
page 43

¶17

2.The original Plaintiff was the father of the
Applicant. The Respondent-A is the widow of the
deceased Plaintiff and the mother of the Applicant. The
Respondent-B is the married sister of the Applicant.
The Respondents-C and D are the real brothers of the
Applicant. By the decree passed by the Appellate Court,
the Respondents and the Applicant are declared as joint
owners of the suit property. So far as second part of
the decree directing the Applicant to put the
Respondents in joint possession of the suit house is
concerned, the implementation and execution of the said
decree will have to be stayed as Second Appeal has been
admitted. If that part of the decree is attempted to be
executed, it will create serious difficulties
considering the strained relationship between the
parties.

¶18

3.As a result of grant of stay, the Respondents
will not get possession or joint possession of the suit
property.

¶19

4.However, rights of both the parties will have to

¶20

... 3 ...

¶21

be protected during the pendency of the Appeal. The
Applicant will be entitled to construct first floor
above the existing structure. It will be open for the
Applicant to commence construction of the first floor
within a period of one year from today. He shall
complete the same within a period of two years from
today. Thereafter, the Respondents are entitled to
construct second floor of the equivalent area.

¶22

5.If the Applicant fails to start construction of
the first floor within a period of one year from today,
it will be open for the Respondents to apply to this
Court for modification of this interim arrangement and
to apply for permission to construct the first floor.

¶23

6.Hence, the Civil Application is disposed of by
passing following order:

¶24

(i)The execution and operation of clause 2(2) of
the operative part of the decree of the
Appellate Court will remain stayed till final
disposal of the Appeal.

¶25

(ii)By way of an arrangement pending the hearing of
the Second Appeal, it will be open for the
Applicant to construct first floor above the
existing single storeyed structure. Thereafter,

¶26

... 4 ...

¶27

it will be open for the Respondents to construct
second floor having the same area.

¶28

(iii) If the Applicant fails to start construction within a period of one year from today, it will be open for the Respondents to apply to this Court for modification of this order.

¶29

(iv) The aforesaid arrangement will be without prejudice to rights and contentions of both the parties.

¶30

(v) Civil Application is disposed of accordingly.

¶31

(vi) Liberty to apply in case of difficulty.

¶32

JUDGE

Ashok Shridhar Rasal v. Shri. Shridhar Ganesh Rasal

Case brief

What is this about?

What did the court decide?

Ashok Shridhar Rasal v. Shri. Shridhar Ganesh Rasal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S.R.Kantilal and Co. Vs M/S.Ajit Kakubhai Vajani and Anr.

Sudarshan J. Sharma Vs Digambar B. Sapre and 2 Orsand Ms. Sunita S. Sharma

Krishnan C.Nandanan Vs Shubhendrasen Gupta

Shiamak Fali Marshall Vs Cherokee Equipments and Ors.

Ajay Babulal Shaha Vs Mahadev B. Kakade D/H Archana Ashok Khandake and Ors.

Hathibai Bulakhidas and Ors. Vs Lian Soon Shipping and Trading Co.(P) Ltd.