MR. SRICHAND MAKHIJA vs SWADHINTA BUILDERS LLP

sa 559 of 2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.559 OF 2025 WITH INTERIM APPLICATION NO.12226 OF 2025 Rajan Chandiramani ... Appellant/Applicant versus Swadhinta Builders LLP … Respondent WITH ARUN RAMCHANDRA SECOND APPEAL NO.600 OF 2025 SANKPAL WITH 1. These Second Appeals are directed against a common order dated 10 July 2025 passed by the Maharashtra Real Estate Appellate Tribunal (the Appellate Tribunal), whereby the applications preferred by the respective Appellants bearing Misc. Application No.351 of 2025, 352 of 2025, 353 of 2025, 354 of 2025 and 355 of 2025, for amendment in Execution Application Nos.13 of 2023, 14 of 2023, 15 of 2023, 16 of 2023 and 17 of 2023, came to be disallowed to the extent the Appellants sought direction that the construction of the real estate project in question be done by the decree holders or such other persons appointed by the Tribunal at the cost of the judgment debtor and the expenses thereof be ascertained and recovered from the judgment debtor as if it were included in the decree, so as to execute the decree in the manner provided under Order XXI Rule 32(5) of the Code of Civil Pro