Authority: High Court of Judicature at Bombay
Order Date: 31 August 2026
Case Overview
- Parties: Appellants – M/s. Vinamra Builders and Developers & Ors.; Respondent – Girija Shankar Nayak.
- The Second Appeal No.550 of 2024 arose from a decree for specific performance directing the appellants to hand over possession of flat No.202, measuring 664.25 sq ft on the 2nd floor, Building No.5, Solitaire‑I, Navghar, Mira Road‑East, and directing the plaintiff to deposit the balance consideration in the trial court.
- On 5 May 2025 the Court adjourned the appeal to facilitate an amicable settlement and later recorded an undertaking by the appellants to hand over the flat after removing encumbrances, granting them three months to comply.
- The appellants later submitted that possession had already been handed over and sought permission to withdraw the amount deposited by the plaintiff in the trial court together with accrued interest.
Final Outcome
- The Court held that nothing survives in the Second Appeal as the decree has been complied with and disposed of the appeal as infructuous.
- Consequently, the related Interim Application No.12502 of 2024 was also disposed of.
- The appellants were permitted to withdraw the amount deposited in the trial court along with accrued interest.
Topics: Legal Dispute, Real Estate