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Bombay High CourtCAS/1266/2009compromisedconsent terms

1. Nazir Usman Shaikh And ANR. v. 1. Sultan Gulamhusen Shaikh

2016-02-10Hon'Ble Shri Justice R.D. Dhanuka1 pages

ppn 1 3.cas-1266.09 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1266 OF 2009 IN SECOND APPEAL NO.364 OF 2009 Nazir Usman Shaikh & Ors.

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Applicants Vs.

Sultan Gulamhusen Shaikh & Ors.

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Respondents --- Mr.P.J. Thorat i/by Mr.R.A.Thorat for the applicants. Mr.P.M. Arjunwadkar for the respondent nos.1 & 2. --- CORAM : R.D. DHANUKA, J.

DATE : 10th February 2016 P.C.

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During the pendency of the appeal, the respondent nos.1 & 2 who are using the suit property for having access to the house of the respondent no.2 can continue to use the same as and by way of the access of the respondent no.2. The applicant who is opening the windows of the suit property for the purpose of air and light is also allowed to continue the same during the pendency of the appeal.

2.

Civil application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.