Kumar Anant Joshi And ORS. v. Vivan Pascal Falcao And ANR.

WP1193_17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1193 OF 2017 Kumar Anant Joshi and others ...

Petitioners Vs.

Vivan Pascal Falcao and another ...

Respondents Mr. Uday Warunjikar for Petitioners.

Mr. Anil D'souza for Respondents.

CORAM : R. G. KETKAR, J.

DATE :

JANUARY 27, 2017 P.C. :

Not on Board. At the request of Mr. Warunjikar, taken up in the production board.

2.

Heard Mr. Warunjikar, learned Counsel for petitioners and Mr. D'souza, learned Counsel for respondents. 3.

Mr. Warunjikar submitted that the Courts below have allowed the application filed by the respondents-plaintiffs and have directed the petitioners to remove the construction carried out by the defendants and further not to obstruct plaintiffs' user. He states that by order dated 18.01.2017, the learned District Judge has stayed the order till today i.e. 27.01.2017. He, therefore, got the papers produced for interim protection.

4.

Mr. D'souza states that respondents are present in the Court. Upon taking instructions from them, he states that till next date of hearing, respondents-plaintiffs will not take any precipitative steps in pursuance of the impugned order. Statement made by Mr. D'souza, on instructions, is recorded.

1/2

WP1193_17.sxw 5.

In view thereof, list the Petition for 'admission' on 30.01.2017, H.O.B. Parties to act on the authenticated copy of this order. (R. G. KETKAR, J.) Minal Parab 2/2