Mr. Kadar Khan Adam Khan and Ors. v. Mirza Zulfikar Ali
Case brief
What is this about?
Interim applications in pending first appeal re redevelopment of property in Bombay/Mumbai; substitution of legal heirs/legal representatives of deceased respondent Nos. 4 and 5; amendment of respondent No. 7 particulars; Court Receiver to receive and hand over possession to developer respondent No. 9; execution of PAAA agreement with Court Receiver; transit rent Rs. 25,000/- per month with Rs. 5,000/- monthly withdrawal by appellant under refund undertaking; fixed deposit of developer's redevelopment-agreement contributions; bar on creation of third-party rights; BMC/Corporation (respondent No. 8) not to withhold permissions during pendency of appeal; modification sought of order dated 23 March 2016 in Civil Application No. 4316 of 2014; Bench: Jitendra Jain, J.; decided 2 December 2025.
What did the court decide?
All three Interim Applications disposed of. IA 13607/2025: legal representatives of deceased respondent Nos.4 and 5 permitted on record, appeal memo to be amended per schedule (page 12) within four weeks, amended copy served on all parties, re-verification dispensed; joint convenience compilation within four weeks; Records & Proceedings called; main appeal to be listed thereafter. IA 13635/2025: respondent No.7's name and address to be corrected forthwith; no further orders on early hearing, prayer clause (b) referred to IA 13634/2025. IA 13634/2025: interim redevelopment regime framed — possession of the suit premises to the Court Receiver and thence to respondent No.9; PAAA agreement to be executed with the Court Receiver; respondent No.9 to deposit transit rent of Rs.25,000/- per month with the appellant entitled to withdraw Rs.5,000/- per month under an undertaking to refund if so ordered; deposits under the redevelopment agreement to be kept in fixed deposit after paying the appellant Rs.5,000/- per month; no third-party rights; redeveloped premises to be handed to the Court Receiver; all terms subject to the appeal's outcome; handover within two weeks; Corporation not to withhold permissions/approvals on ground of pendency.