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Bombay High CourtCAF/1238/2015disposed off

Mrs. Anita Sarkar v. M/S. Solo And ORS.

2015-04-21Hon'Ble Shri Justice K.K. Tated2 pages

3.1238.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1238 OF 2015 IN FIRST APPEAL NO.405 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. D. Soni i/b. Omkar M. Kulkarni for the Applicant Mr. Farhan Dubhash with Meeta Dagli i/b. Mulla & Mulla & CBC for the Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : APRIL 21, 2015 P.C.:

1.

Heard. This Application is preferred by Defendant No.1 for stay of the operation and implementation of the impugned judgment and decree dated 24/02/2015 passed by the Bombay City Civil Court, Mumbai in S.C.Suit No.7531/1996 allowing the Respondent Plaintiff's suit for specific performance of agreement dated 31/03/1994 in respect of the suit property i.e. Flat No.303, 3rd Floor, situated at CTS No.120 and 1/128 (part) of Dadar Naigaon Division, G.D.Ambedkar Marg, Mumbai - 400014.

Basavraj G Patil 1/2

3.1238.15-caf 2.

This court, by order dated 24/03/2015 granted ad-interim relief restraining the Appellant Defendant No.1 by an order of injunction from creating any third party any third party right, title and interest in respect of the suit flat.

3.

Considering the submissions made by the learned counsel for the Applicant and after hearing the learned counsel for the Respondent Nos.1 to 3, ad-interim relief granted by this court to continue till hearing and final disposal of the First Appeal appeal.

4.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2