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Bombay High Court

M/S VINAMRA BUILDERS AND DEVELOPERS AND ORSversusSHRI GIRIJA SHANKAR NAYAK

Decided
Disposal
Disposed Off

Holding

The second appeal is infructuous as the decree has been complied with, and both the appeal and the interim application are disposed.

Summary

The appellants, Vinamra Builders and Developers, appealed a decree for specific performance that required them to hand over possession of flat No.202 and to receive the balance consideration deposited by the plaintiff. The parties attempted an amicable settlement, including offering another flat, but could not agree on terms. The appellants later claimed that possession had been handed over and sought permission to withdraw the amount deposited by the plaintiff with interest. The court examined the compliance with the decree and found that the flat had indeed been handed over, rendering the decree fully performed. Consequently, the court held the second appeal infructuous and disposed of both the appeal and the related interim application.

Issues considered

  • Whether the decree for specific performance has been complied with
  • Whether the appellants are entitled to withdraw the amount deposited by the plaintiff along with interest
  • Whether the second appeal should be dismissed as infructuous

Subjects

  • specific performance
  • decree compliance
  • withdrawal of deposited amount
  • encumbrance removal
  • second appeal
  • infructuous appeal
  • civil procedure

Judgment

k                                    1/2                       3 sa 550.24 as.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       SECOND APPEAL NO.550 OF 2024

M/s. Vinamra Builders and Developers & Ors.                       ....Appellants
       V/S
Girija Shankar Nayak                                              ....Respondent

                                WITH
                 INTERIM APPLICATION NO.12502 OF 2024
                                 IN
                     SECOND APPEAL NO.550 OF 2024

M/s. Vinamra Builders and Developers & Ors.                       ....Applicants
       V/S
Girija Shankar Nayak                                              ....Respondent
                               _________

Mr. Kamlesh Ghumre a/w Mr. Sonali Jadhav i/b Mr. Sanket Patil for the
Appellants/Applicants.
Mr. Bhavesh V. Magam for Respondent.
                            __________

                              CORAM : SANDEEP V. MARNE, J.
                              DATE : 31 AUGUST 2026.
P.C.:

1.       On 5 May 2025, this Court passed following order:

         “1.     This appeal was adjourned to enable the parties to arrive at amicable
         settlement. The second appeal arises out of a decree for specific performance
         directing the appellants to hand over possession of the suit flat i.e. flat
         No.202, admeasuring 664.25 sq.ft on 2nd floor, building no.5, Solitaire-I, at
         village Navghar, Mira Road-East. By the impugned decree the plaintiff was
         directed to deposit the balance consideration amount in the trial court.

         2.      Learned counsel for the plaintiff submits that the amount is already
         deposited in the trial court. The appellants submitted that the third party
         rights are already created in respect of the suit flat.

katkam                                     Page No. 1 of 2
                         k                                     2/2                           3 sa 550.24 as.doc




                                  3.      Learned counsels for the parties submit that the parties made an
                                  attempt to amicably resolve the dispute by handing over some other flat to the
                                  plaintiff. However, the parties are unable to arrive at amicable terms regarding
                                  the flat. Learned counsel for the appellants on instructions of appellant no.2
                                  makes a statement on behalf of all the appellants that the suit flat shall be
                                  handed over to the plaintiff in terms of the impugned decree after removing
                                  the encumbrance created by them. He seeks three months time to execute the
                                  impugned decree by handing over the suit flat after removing all the
                                  encumbrances. The statement made on behalf of the appellants is accepted as
                                  an undertaking to this court. The appellants are granted three months time to
                                  comply with the statement.

                                  4.      List the second appeal for recording compliance and further directions
                                  on 11th August 2025. To be listed under the caption for recording compliance.”



                         2.       Mr. Ghumre, the learned counsel appearing for Appellants submits
                         that possession of the suit flat has already been handed over to the
                         Plaintiff. He submits that the Appellants be permitted to withdraw the
                         amount deposited by the Plaintiff in the Trial Court alongwith the
                         accrued interest. Accordingly, the Appellants are permitted to withdraw
                         the amount deposited in the Trial Court alongwith accrued interest.


                         3.       Nothing survives in the Second Appeal since the decree is
                         complied with. Second Appeal is accordingly disposed of as infructuous.


                         4.       In view of disposal of the Second Appeal, nothing would survive in
                         the Interim Application and the same is also accordingly disposed of.




                                                                                        (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                        Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 31/08/2026 18:04:33


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