Disposed

Deepak N. Bathija v. K Mani Naidu and Anr.

Bombay HC15 Sept 2009NMS/1419/2009

Case brief

AI extract

What is this about?

The court disposed of a premature application for interim reliefs in a suit regarding shop premises. It directed the defendants to issue a 15-day notice commencing after I.O.D. and C.C. are obtained, allowing the plaintiff to apply for relief thereafter.

What did the court decide?

Notice of Motion disposed off with liberty to apply for interim reliefs after construction commences and defendants serve a 15-day notice.

Deepak N. Bathija Vs K Mani Naidu and Anr. — Specific Performance | Bombay HC (2009)

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USJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.1419 OF 2009 IN SUIT NO. 892 OF 2009

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Deepak Naraindas Bathija .. Plaintiff

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V/s.

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K. Mani Naidu Prop. Of
M/s. Tirumala Developer.. Defendants

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Mr. Jitendra Patil for the plaintiff
Mr. Rajesh A. for defendant No.2

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Mr. Suresh Rajeshwar for defendant No.1

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CORAM : S.C. DHARMADHIKARI, J. DATE : 15th SEPTEMBER, 2009.

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P.C. :

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1. It is stated by Mr. Rajeshwar on instructions that the

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subject matter of the present suit is 3 shops / premises.
However, although the old building is demolished, there are
certain adjacent structures which are yet not demolished by
1st defendant. Therefore, until the entire demolition is

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carried out, there is no question of the shops allegedly
agreed to be sold to the plaintiff, being constructed.

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2. In such circumstances, to my mind, the relief in the

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present Notice of Motion is pre-mature. The plaintiffs can

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apply for appropriate reliefs after the shop premises are
constructed. More so, when the 1st defendant has stated

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that he has entered into an agreement with the owner of the
property and even third party rights, if any, created in
respect of the shops are to the knowledge of the plaintiff.
However, no further third party rights are being created
and that apprehension of the plaintiff according to the
defendant, is baseless. In these circumstances, it would
be appropriate to dispose off the Motion with liberty to
plaintiff to apply for such interim reliefs as are
permissible in law after the shop premises are constructed.

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3.The defendants have stated that save and except the
rights, if any, created in favour of defendant No.2, they
have not created any rights in the subject shops. However,
Mr. Rajeshwar contends that shops are not meant for
allotment of the plaintiff but for the tenants of the old
building / structure. He clarifies that even that
allotment is not made as the construction itself has not
commenced.

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4.In all fairness, keeping the controversy and the
contentions open, interest of justice would be sub-served
if the defendants and more particularly defendant No.1

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gives a Notice of 15 days to the plaintiff�s advocate after
the I.O.D. and C.C. in respect of the subject construction
is obtained and the construction work commenced at site in

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pursuance thereof. After the receipt of the communication
in this behalf, the plaintiff can apply for the interim
reliefs in terms of the present Notice of Motion. All
contentions are kept open. Notice of Motion is disposed
off accordingly.

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(S.C. DHARMADHIKARI, J.)

Deepak N. Bathija v. K Mani Naidu and Anr.

Case brief

What is this about?

What did the court decide?

Deepak N. Bathija v. K Mani Naidu and Anr.

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

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