Single judge dismissed a review petition seeking to vary an injunction because the petitioner failed to produce the original registered sale deed or annexed documents to substantiate the claim that suit properties were already sold.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RPL No.73_2012
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
REVIEW PETITION (L) NO.73 OF 2012 ALONGWITH NOTICE OF MOTION NO.1826 OF 2012 ALONGWITH NOTICE OF MOTION NO.532 OF 2013
IN
SUIT NO.2755 OF 2011
| M/s. Smit Properties P. Ltd. | … | Petitioner |
|---|---|---|
| Vs. | ||
| Surendra B Sharma | … | Plaintiff |
| AND | ||
| Smt. Premlata C Sharma & 18 Ors. | … | Defendant Nos. |
| 1 to 18 & 20 |
Ms. Priyanka Pai, Adv. i/b. Vinod Juwale, Adv. for petitioner. N R Pradhan, Adv. for respondent No.1.
CORAM : MRS. ROSHAN DALVI, J. DATE : 21st September, 2015.
P.C. :
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RPL No.73_2012
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which is a large property and which was being developed and constructed was not injuncted against sale, transfer or alienation or creation of third party rights.
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RPL No.73_2012
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not show the date of its execution. The conveyance is not shown to be registered. The original conveyance is not produced. Counsel on behalf of petitioner states that original conveyance is lost and the petitioner is not in position to search it. A copy which is produced before the Court without annexing it to the petition is the photocopy of the photocopy of the document.
( ROSHAN DALVI, J. )
C E R T I F I C A T E
Certified to be true and correct copy of the original signed order.
1 issue framed by the court
Whether a review petition can succeed without producing the original sale deed when the alleged sale claims are not substantiated.
M/s. Smit Properties P. Ltd.
Surendra B Sharma
Mrs. Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
