Sanjay R Chhabria vs Naraindas Parmanand Sanatorium Trust and 11 Ors. — Bombay HC (2026) — LawSathi Research

Sanjay R Chhabria vs Naraindas Parmanand Sanatorium Trust and 11 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 2620 of 2024 withdrawn with liberty to file a fresh application (timelines fixed for filing, replies, rejoinder and circulation); original plaintiff directed to take out an application to bring new purchaser Stone Mason Homes LLP on record; status quo as of the date of the order to be maintained by all parties till the next date of hearing; liberty to the parties to seek circulation when the new application is listed.

Issue for consideration

Whether the applicant in Interim Application No. 2620 of 2024 could withdraw that application with liberty to file a fresh Interim Application bringing subsequent events on record, given that any order of amendment would amount to a substantial amendment. +1 more

Court's answer

Interim Application No. 2620 of 2024 was allowed to be withdrawn with liberty as prayed, and was disposed of as withdrawn.

Ratio / Principle

The applicant undertook to file and serve a fresh Interim Application on all parties within two weeks; if such application is filed and served on or before 29 April 2026, respondents' replies were fixed for on or before 15 May 2026, rejoinder if any before 29 May 2026, and the applicant was to seek circulation of the new application in the first week of June by giving notice to all parties.

Key takeaways

The original plaintiff was to take out an appropriate application to bring the new purchaser, Stone Mason Homes LLP, on record.ratio¶36
Till the next date of hearing, the status quo as of the date of the order was to be maintained by all the parties concerned.ratio¶38
Liberty was given to the parties to seek circulation of the present matter when the new application filed by Mr. Sanjay Chhabaria is listed.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Suit No. 68 of 2016 — Naraindas Parmanand Sanatorium Trust v. Aakar Enterprises and 10 Ors (coram: Jitendra Jain, J.; order dated 15 April 2026). Interim Application No. 2620 of 2024 (Sanjay R Chhabria) was allowed to be withdrawn with liberty to file a fresh Interim Application to bring subsequent events on record, the applicant undertaking to file and serve it within two weeks (replies on or before 15 May 2026; rejoinder before 29 May 2026; circulation to be sought in the first week of June with notice to all parties). Alongside pending Interim Application No. 3432 of 2024 (Naraindas Parmanand Trust Buildings Residents Welfare Society) and Notice of Motion (Suits) No. 1536 of 2017, the original plaintiff stated that the property had been sold by defendant No.1 to defendant No.5 to Stone Mason Homes LLP and was directed to take out an appropriate application to bring the new purchaser on record; status quo as of the date of the order was to be maintained by all parties concerned till the next date of hearing, with liberty to seek circulation when the new application is listed.

rsk 1 5-S-68-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SUITS NO. 68 OF 2016

Naraindas Parmanand Sanatorium Trust ....Plaintiff V/S

Aakar Enterprises and 10 Ors ....Defendants

WITH

INTERIM APPLICATION NO. 3432 OF 2024 In

SUITS 68 OF 2016

Naraindas Parmanand Trust Buildings Residents Welfare Society ....Petitioner V/S Naraindas Parmanand Sanatorium Trust And Ors. ....Respondents

WITH

INTERIM APPLICATION NO. 2620 OF 2024

In

SUITS 68 OF 2016

Sanjay R Chhabria ....Petitioner V/S

Naraindas Parmanand Sanatorium Trust And 11 Ors ....Respondents

WITH

NOTICE OF MOTION (SUITS) NO. 1536 OF 2017

IN

SUITS 68 OF 2016

Naraindas Parmanand Sanatorium Trust ....Petitioner V/S

Digitally signed by RAJESHWARI RAJESHWARISUBODH SUBODHKARVE KARVE Date: 2026.04.15 17:01:57 +0530

Aakar Enterprises And 8 Ors ....Respondents

Viveka Truman, Hamza Mir i/b Lexicon Law Partners for the Plaintiff. Mr. Parth Parikh i/b Dhiren Shah for New Purchasers (Stone Mason)

rsk 2 5-S-68-2016.doc

Mr. Amol V. Kumeria for Applicant in IA No.2620/2024.

Mr. Vijay Kurle a/w. Mr. Jayendra Manchekar, Ms. Sonal Manchekar, Mr. Bhagawan Kasture, Mr. Sumer Singh, Mr. Sagar Ugale i/b Mr. Vijay Kurle for Defendant No.6 for Applicant in IA No.3432/2024.

CORAM : JITENDRA JAIN, J. DATED : 15 APRIL 2026

P. C. :

INTERIM APPLICATION NO. 2620 OF 2024

The applicant in person is present in the Court and requests the Court to permit him to withdraw the present Interim Application with liberty to file fresh Interim Application to bring subsequent events on record since any order of amendment would be a substantial amendment and, therefore the present prayer.

Mr. Sanjay Chabbaria, undertakes to file and serve on all the parties new Interim Application within two weeks. If such an application is filed and served on or before 29 April 2026, then reply of the respondents to be filed and served on or before 15 May 2026. Rejoinder, if any, to be filed and served before 29 May 2026. The applicant in the new application to seek circulation of the said application by mentioning the same in the first week of June by giving notice to all the parties.

Interim Application is allowed to be withdrawn with liberty as prayed. Interim Application is disposed of as withdrawn.

INTERIM APPLICATION NO. 3432 OF 2024

The original plaintiff states that property has been sold by defendant No.1 to defendant No.5 to Stone Mason Homes LLP, The original plaintiff to take out appropriate application to bring new purchaser-Stone Mason Homes LLP on record. Till the next date of hearing the status quo as of

rsk 3 5-S-68-2016.doc

today to be maintained by all the parties concerned.

Liberty to the parties to seek circulation of the present matter when the new application filed by Mr. Sanjay Chhabaria is listed.

(JITENDRA JAIN, J.)