Abdul Mohamed Hanifa Ahmed vs Noor Mohd. Sayed Chand Shaikh and Anr. — Bombay HC (2025) — LawSathi Research

Abdul Mohamed Hanifa Ahmed vs Noor Mohd. Sayed Chand Shaikh and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer clause (a) granted - Respondents (original Defendants) directed not to dispose of, alienate, encumber or part with the suit premises (No. 7/1/1, CTS No. 130, Bhai Nagar, Sion-Trombay Road, Chembur Naka, Mumbai - 400 071) till hearing and final disposal of the Appeal; Interim Application disposed of in these terms.

Issue for consideration

Whether the Respondents (original Defendants) are to be directed not to dispose of, alienate, encumber or part with the suit premises (No. 7/1/1, CTS No. 130 situated at Bhai Nagar, Sion-Trombay Road, Chembur Naka, Mumbai - 400 071) till hearing and final disposal of the present Appeal.

Court's answer

Considering the nature of the controversy, the recitals in the suit agreement dated 19.04.2005 and the Trial Court's treatment of the suit prayers, the Interim Application is allowed in terms of prayer clause (a): the Respondents (original Defendants) stand directed not to dispose of, alienate, encumber or part with the suit premises till hearing and final disposal of the present Appeal.

Ratio / Principle

Leave granted to the Applicant to amend the prayer clause to include proper description of the suit property; the amendment to be carried out during the course of the day.

Key takeaways

Ancillary direction: considering the nature of the challenge, the Appellant is at liberty to move the appeal for disposal, and any such request may be considered independently.obiter¶29

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (S.N. Chavan signing; Coram M.M. Sathaye, J.), 03.11.2025 - Interim Application No. 6621 of 2024 in First Appeal No. 780 of 2024. Applicant Abdul Mohamed Hanifa Ahmed, original Plaintiff whose suit for specific performance (initially filed in this Court as Suit No. 973 of 2011, thereafter transferred to the City Civil Court, Greater Bombay as S.C. Suit No. 3518 of 2011 and dismissed) is in appeal. Background: defendants' undertaking in order dated 02.12.2011 (motion made absolute by order dated 10.05.2012 in Notice of Motion No. 1383 of 2011) not to dispose of, alienate, encumber, part with possession of or create third-party rights in the suit property pending the motion. On 03.07.2024 the appeal was admitted, rule issued and ad-interim relief granted in terms of prayer clause (a). Leave granted to amend the prayer clause to include proper description of the suit property. Interim Application allowed in terms of prayer clause (a): Respondents (original Defendants) directed not to dispose of, alienate, encumber or part with the suit premises (No. 7/1/1, CTS No. 130, Bhai Nagar, Sion-Trombay Road, Chembur Naka, Mumbai - 400 071) till hearing and final disposal of the Appeal. Appellant at liberty to move the appeal for disposal.

6-IA-6621-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 6621 OF 2024 IN FIRST APPEAL NO. 780 OF 2024

Abdul Mohamed Hanifa Ahmed ...Applicant Versus Noor Mohd. Sayed Chand Shaikh And Anr. ...Respondents

SNEHA NITIN CHAVAN

Mr. Shrikant Rathi for the Applicant. None for Respondents.

Digitally signed by SNEHA NITIN CHAVAN Date: 2025.11.03 19:48:43 +0530

CORAM : M.M. SATHAYE, J. DATE : 3^rd NOVEMBER, 2025

P.C. :

At the outset, learned Counsel for the Applicant seeks leave to amend the prayer clause to include proper description of the suit property. Leave granted. Amendment to be carried out during the course of the day.

Heard learned Counsel for the Applicant. None appears for the Respondent despite name of the advocate appearing on cause list.

The Applicant is original Plaintiff in a suit filed for specific performance, which is dismissed under impugned Judgment and Decree. The suit was initially filed in this Court.

Learned Counsel for the Applicant invited attention to order passed by this Court on 10.05.2012 in Notice of Motion No. 1383 of

Sneha Chavan

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6-IA-6621-2024.doc

2011 in Suit No. 973 of 2011. Under said order, the motion was disposed of by making it absolute in terms of order dated 02.12.2011, which reads as under :

“The Learned Counsel appearing on behalf of the defendants state that pending the hearing and final disposal of the Notice of Motion, the defendants will not dispose of, alienate, encumber, part with possession of and/ or create any third party rights in respect of the suit property”

This suit was subsequently transferred to City Civil Court, Greater Bombay being present S.C. Suit No. 3518 of 2011 and dismissed.

By order dated 03.07.2024, appeal was admitted and rule was issued in above interim application and ad-interim relief in terms of prayer clause (a) is already granted. The Respondent No.1 has filed reply.

Considering the nature of controversy and also considering the recitals in the suit agreement dated 19.04.2005 and further considering the manner in which the Trial Court has considered the prayers made in the suit, the present application is allowed in terms of prayer clause (a), which reads as under:

“(a) This Hon’ble Court be pleased to direct the Respondents (original Defendants) to not to dispose of, alienate, encumber, part with number 7/1/1, CTS No. 130 situated at Bhai Nagar, Sion-Trombay Road, Chembur Naka, Mumbai – 400 071 (i.e. ‘the suit premises’) till hearing and final disposal of the present Appeal.”

Interim Application is disposed of in above terms. Considering

Sneha Chavan

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6-IA-6621-2024.doc

the nature of challenge, the Appellant is at liberty to move the appeal for disposal, which request may be considered independently.

All concerned to act on duly authenticated or digitally signed copy of this order.

Sneha Chavan

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