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Bombay High CourtIA/4528/2023disposed off

Jitendra Lalji Haria v. Laxmi Laxmichand Haria

2023-11-01Hon'Ble Shri Justice Sandeep V. Marne3 pages

Neeta Sawant 1/3 906-AO-367-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 367 OF 2023 IN NOTICE OF MOTION NO. 2545 OF 2022 IN S.C. SUIT N. 280 OF 2022 WITH INTERIM APPLICATION NO. 4528 OF 2023 Jitendra Lalji Haria ...Appellant V/s.

Laxmi Laxmichand Haria ....Respondent ---- Mr. Bhavin Gada, Mrs. Vaishali Sharma, Mr. Dhaval Visawadia and Ms. Dharmi Savla i/by. Harakchand & Co.,, for the Appellant. Mr. Mayur Khandeparkar i/by. Mr. Neel A. Gala, for the Respondent. CORAM : SANDEEP V. MARNE, J.

Dated :

P.C. :

1.

The Appeal challenges the order dated 25 April 2023 passed by the City Civil Court dismissing Notice of Motion No. 2545 of 2022. After arguing the Appeal for some time, Mr. Gada, the learned counsel by SAJAKALI LIYAKAT JAMADAR Date:

2023.11.09 13:51:42 +0530 SAJAKALI LIYAKAT JAMADAR

Neeta Sawant 2/3 906-AO-367-2023.doc appearing for the Appellant and Mr. Khandeparkar, learned counsel appearing for the Respondent would jointly submit that following order be passed with the consent of the parties, who are present before the Court :

(i)During the pendency of the suit, the Appellant-Plaintiff alone shall be permitted to carry on business in the suit premises upon payment of Rs.40,000/- to the Defendant on/or before seventh day of every month.

(ii)Such permission to carry on business in the suit premises by the Plaintiff shall however be construed as joint possession of the Plaintiff and Defendant over the suit premises.

(iii)In the event, the Plaintiff commits default in payment of amount of Rs.40,000/- to the Defendant, the Defendant shall be at liberty to file appropriate application before the City Civil Court to seek permission to carry on business in the suit premises or to restrain the Plaintiff from carrying on business in the suit premises. (iv)Both the parties shall not create any third party rights and/or part with possession of the suit premises during pendency of the suit.

Neeta Sawant 3/3 906-AO-367-2023.doc (v)The City Civil Court is requested to expedite the hearing of the suit.

2.

With the above directions, the Appeal from Order is disposed of. With disposal of the Appeal, Interim Application does not survive. The same also stands disposed of. SANDEEP V. MARNE, J.