Mrs. Neeta Sarda and 2 Ors. v. Mr. Prabhakar Kabra and 2 Ors.
Case brief
What is this about?
The court rejected a motion for injunction regarding a suit flat claimed to be gifted to plaintiffs by an uncle. The donor denied execution, and the court found no prima facie case as the gift allegedly lacked consideration and delivery of shares. Status quo was maintained pending suit.
What the court decided
1
NMS Nos.4387_3266__2007_2009
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.4387 OF 2007
AND
NOTICE OF MOTION NO.3266 OF 2009
IN
SUIT NO.3198 OF 2007
Mrs. Neeta Sarda & Ors.
– Plaintiffs
V/s.
Mr. Prabhakar Kabra & Ors.
– Defendants
Issues for consideration
2 issues framed by the court
Whether a prima facie case is made out to grant injunctions restraining alienation of suit premises under a denied gift deed involving no consideration.
Whether the plaintiff established delivery of the subject matter of the gift (shares/chattels) required under the Transfer of Property Act.
Parties & counsel
- petitioner
Mrs. Neeta Sarda
- respondent
Mr. Prabhakar Kabra
Coram
Roshan Dalvi
Case details
As recorded by the court registry
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