Bombay High Court
SANDEEP SURENDRA ANANDversusSATISH LAXMINARAYAN GARG AND OTHERS
- Decided
- Disposal
- Disposed Off
Holding
The respondents' undertaking not to create third‑party rights was accepted, and the appeal was disposed of, directing the trial court to decide the suit on its merits.
Summary
The appellant Sandeep Surendra Anand appealed an order of the Joint Civil Judge, Senior Division, Pune, in a special suit seeking specific performance, declaration, permanent injunction and compensation. By consent, the respondents (Satish Laxminarayan Garg and others) undertook that they would not create any third‑party rights over the suit property to the extent of the appellant's share under agreements dated 3 June 2014 and 25 November 2019. The High Court, considering this undertaking, directed the trial court to decide the suit on its merits expeditiously. The appeal was consequently disposed of on the terms of the respondents' undertaking, with no costs awarded. The order reflects a procedural disposal of the interim application rather than a substantive determination of the substantive claims.
Issues considered
- Whether the respondents may create third‑party rights over the suit property in respect of the appellant's claimed share
- Whether the interim application can be disposed of by consent and the trial court directed to decide the suit on merits
Subjects
- specific performance
- permanent injunction
- third‑party rights
- interim application
- consent disposal
- civil procedure
Judgment
5-IA-9669-24 IN AO.DOC
JYOTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH
MANE CIVIL APPELLATE JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.09.01
15:26:09 +0530
INTERIM APPLICATION NO. 9669 OF 2024
IN
APPEAL FROM ORDER NO. 468 OF 2024
Sandeep Surendra Anand ... Appellant
Versus
Satish Laxminarayan Garg And Others ...Respondents
_______
Mr. Nishchal S. Anand, for Appellant.
Mr. Shubham S. Saraf a/w. Mr. Tanmay A. Deshmukh i/b. Mr. Pavan S. Patil,
for Respondent.
_______
CORAM: AARTI SATHE, J.
DATE: 31 AUGUST 2026
P.C.
1. This Appeal from Order challenges the order passed by the learned
Joint Civil Judge, Senior Division, Pune, in Special Suit No. 1957 of 2021,
whereby the Appellant sought reliefs of specific performance, declaration,
permanent injunction and, in the alternative, compensation.
2. Today, learned counsel appearing on behalf of the parties are present.
By consent, they seek disposal of the aforesaid Appeal in view of the statement
made by learned counsel appearing on behalf of Respondent Nos. 1 to 3, under
instructions, that Respondent Nos. 1 to 3 shall not create any third-party rights in
respect of the suit property, to the extent of the share claimed by the Appellant
under the Agreements dated 03 June 2014 and 25 November 2019.
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5-IA-9669-24 IN AO.DOC
3. In view of the aforesaid statement and undertaking, the learned Trial Court
is requested to expeditiously decide the suit on its own merits and in accordance
with law.
4. Appeal from order stands disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.)
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