LAWS(BOM)-2023-9-48

RESHMA ESTATES PRIVATE LIMITED Vs. SHIVANGI SHANKER

Decided On September 13, 2023
Reshma Estates Private Limited Appellant
V/S
Shivangi Shanker Respondents

JUDGEMENT

(1.) The appellant - Reshma Estates Private Limited is the original defendant. Feeling aggrieved with the impugned judgment and decree passed by the City Civil Court, Mumbai on 7 th December, 2018 in Suit No.7566 of 2003, it has preferred this appeal.

(2.) The trial Court had directed the appellant to execute a sale deed of Flat No.24, 7th floor, Krishna Mahal, 63, Marine Drive, Mumbai - 400 020 (for short "suit flat") by making compliance of clause 4 (c) by transferring class-A and Class-B shares of Articles of Agreement dtd. 25/9/1986 on or before 31/3/2019 in favour of the respondents. The Court below, inter alia, permanently restrained the appellant from transferring, selling, alienating, parting with possession of the suit flat and/or the land beneath it to any third person.

(3.) A few facts germane for disposal of the appeal are as follows.