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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