Bombay High Court, Civil Appellate Jurisdiction (Jitendra Jain, J.), order dated 2 December 2025 disposing of three interim applications in First Appeal No.113 of 2015 (Mirza Zulfikar Ali v. Kadarkhan Adamkhan & Ors.). (1) IA No.13607 of 2025: legal representatives of deceased respondent Nos.4 and 5 permitted to be brought on record; appellant to amend the appeal memo as per the schedule annexed to the application (page 12) within four weeks; re-verification dispensed with; parties to jointly file a convenience compilation within four weeks; Records & Proceedings called for; main appeal to be listed after completion of these steps. (2) IA No.13635 of 2025: name and address of respondent No.7 to be amended forthwith in copies for all parties and the Court; no further orders on early hearing since the schedule for hearing of the main appeal was already given in the IA 13607 order; prayer clause (b) to be dealt with in IA No.13634 of 2025. (3) IA No.13634 of 2025 (seeking modification of the order dated 23 March 2016 in Civil Application No.4316 of 2014, execution of the PAAA agreement with respondent No.9 and transit rent): holding that litigation between the appellant and respondent No.1 over one unit cannot stall the redevelopment project, the Court directed the appellant to hand over possession of the suit premises to the Court Receiver, who would simultaneously hand over possession to respondent No.9 (developer); PAAA agreement to be executed with the Court Receiver; respondent No.9 to deposit transit rent of Rs.25,000/- per month in Court, with the appellant entitled to withdraw Rs.5,000/- per month under an undertaking to refund if so directed at the end of the appeal (advance rent for X months entitles him to Rs.5,000/- x X); monies deposited under the redevelopment agreement to be kept in Fixed Deposit after paying Rs.5,000/- per month to the appellant; no third-party rights to be created in the suit premises; redeveloped premises to be handed back to the Court Receiver; all terms subject to the outcome of the first appeal; handover to be completed within two weeks; the Corporation (BMC, respondent No.8) not to withhold any permission or approvals on the ground of the pendency of the appeal.
