LAWS(BOM)-2007-2-55

LAXMIDAS S SHETTY Vs. VINOD KUMAR V KANABAR

Decided On February 02, 2007
LAXMIDAS S.SHETTY Appellant
V/S
VINODKUMAR V.KANABAR Respondents

JUDGEMENT

(1.) This chamber summons is for allowing the defendants to withdraw the money deposited by the plaintiffs with the Court Receiver together with interest, if any accrued thereon.

(2.) The suit is filed for declaration that an agreement / transfer deed dtd. 1/8/2000 executed between the parties for transfer from the plaintiff to the defendants of flat no. 18, 1st Floor, Santacruz Mansion No. 3 Co-op. Housing Society, Nehru Road, Near Post Office, Santacruz (East), Mumbai is bad in law. The defendants have filed counter claim for specific performance of the suit agreement and for possession of the suit flat.

(3.) The suit has been filed on 8/9/2000. The Plaintiffs possession came to be protected by an interim order until the defendants followed due legal process for recovery of possession in respect of the suit flat.