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Bombay High Court

SULBHA W/O RAGHUVIR ANANT JOSHIversusJAGANNATH S. KELKAR (LEGAL HEIR OF VAISHALI J KELKAR)

Decided
Disposal
Disposed Off

Holding

The interim application is disposed of in accordance with the minutes of the order signed by the parties.

Summary

The applicant filed an interim application seeking a court direction that respondents No.2 and No.3 transfer all pecuniary benefits arising from a redevelopment agreement concerning the suit flat, with the transfer to be subject to the final outcome of the underlying suit. The parties submitted minutes of an order dated 8 May 2026, which were signed by the parties and identified by their advocates. The court examined the minutes and found no objection to the terms agreed upon by the parties. Consequently, the court disposed of the interim application in accordance with the minutes of the order. The order directs that the transfer of benefits will proceed as per the agreed terms, pending the final decision in the suit.

Issues considered

  • Whether the court can direct the transfer of pecuniary benefits arising from a redevelopment agreement pending the final determination of the suit?

Subjects

  • interim application
  • redevelopment agreement
  • pecuniary benefits
  • transfer of funds
  • suit flat
  • civil procedure

Judgment

                                      rsk                                                   IA-ST-3290-26.doc


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 APPELLATE SIDE CIVIL JURISDICTION

                                               INTERIM APPLICATION NO.3290 OF 2026
                                                                 IN
                                                   FIRST APPEAL NO.1884 OF 2003
                                                                 IN
                                                     S.C. SUIT NO.5002 OF 1987

                              Sulbha Raghuvir Joshi                                ...Applicant

                              In The Matter Between:

                              Jagannath S. Kelkar & Ors.                          ….Appellants
                                                                               (Original Defendant
                                                                                  Nos.1(A) to 1(C)
                              V/s.
                              Sulbha Raghuvir Anant Joshi & Ors.          ….Respondents
                                   _____________________________________________________
                              Ms. Harsha Y. Shah a/w. Mr. Yatin R. Shah for the Applicant.
                              Mr. Sanjeev Hariakar for the Respondent No.2.
                              Mr. Rajiv Singh a/w. Mr. Sameer Chitnis i/b. M/s. Chitnis & Co for
                              Respondent No.3.
                                    _____________________________________________________

                                                                CORAM :      JITENDRA JAIN, J.
                                                                DATED :      8 MAY 2026
                              P.C.:
           Digitally signed
           by RAJESHWARI
                              1.      Not on board. On mentioning taken on board since the regular
RAJESHWARI SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.05.08
           15:12:54 +0530     bench is not available.

                              2.      This Interim Application is filed by the applicant for direction that

                              respondent Nos.2 and 3 transfer all the pecuniary benefits arising out of

                              redevelopment agreement with respect to the suit flat. The parties have

                              tendered minutes of the order dated 8 May 2026. Respondent nos. 2

                              and 3 would transfer the pecuniary benefits to the applicant and further



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      rsk                                                  IA-ST-3290-26.doc


execution of PAAA agreement and the transfer of corpus fund will be

subject to the outcome of the suit.

3.    Minutes of the order have been signed by the parties and their

signatures have been identified by their respective advocates.

4.    Interim Application No.3290 of 2026 is disposed of in terms of

the minutes of the order.



                                               [ JITENDRA JAIN, J. ]




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