Monarose Pereira v. Shaileshj M. Pareikh and 14 Ors.
Case brief
What is this about?
In a suit for declaration of share and cancellation of conveyances, the court dismissed a notice of motion seeking interim injunctions. The judge held that the plaintiff's mother, aware of the transactions, restricted her claim to sale proceeds, enabling third parties to alter their positions irretrievably, thus barring relief to avoid prejudice.
What the court decided
nms293-11
1
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.293 OF 2011
IN
SUIT NO.210 OF 2011
Monarose Pereira ....Plaintiff V/s. Shailesh Mafatlal Pareikh & Ors. ....Defendants
Mr.Denzil D’Mello for the Plaintiff.
Mr.P.K. Samdani, Senior Counsel with Mr.Zal Andhyarujina and Mr.H.C. Mehta i/b Mehta & Co. for Defendant No.8.
CORAM : S.J. VAZIFDAR, J. DATE : 14TH JUNE, 2011.
P.C. :-
- The plaintiff seeks a declaration that she has a one half undivided share in the suit property, which comprises of land admeasuring 792.4 square meters together with a dwelling house standing thereon and a declaration that a deed of conveyance dated 16.9.1988, four conveyances all dated 1.2.1999 and a deed of conveyance dated 11.8.2009 are null and void and liable to be set aside and cancelled and for an order cancelling the same. The plaintiff has also sought a permanent injunction restraining defendant No.8 from carrying on any further construction and/or erecting any structure on the suit property without her permission and from creating any third party rights therein or disposing of the same.
Issues for consideration
3 issues framed by the court
Whether interim reliefs should be granted to restrain defendant No.8 from construction and transferring the suit property despite the plaintiff's delayed filing of the suit.
Whether the plaintiff's mother, by filing letters demanding share proceeds rather than challenging the sale, acquiesced to the transfers and prejudiced innocent third-party purchasers.
Whether the plaintiff is barred from obtaining relief due to the delay in filing the suit after her mother's death and the consequent prejudice to third parties.
Coram
S.J. VAZIFDAR
S.J. VAZIFDAR
Case details
As recorded by the court registry
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