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Bombay High CourtIA/12926/2023disposed off

Dr. Haniraj L. Chulani And ORS. v. Shri Shrinath V. Chaturvedi And ORS.

2023-08-30Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

2023:BHC-AS:26587

43. IA 12926-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12926 OF 2023 IN CIVIL REVISION APPLICATION NO. 84 OF 2007 Dr. Haniraj L. Chulani & anr.

.Applicants (Original Plaintiffs)

IN THE MATTER BETWEEN

Shrinath V. Chaturvedi & anr.

.Applicants (Original Vs.

Defendants) Dr. Haniraj L. Chulani & anr.

.Respondents (Original Plaintiffs) Mr. Karl Tamboly & Mr. Aayesh Gandhi i/b. Wadia Ghandy & Co., Advocate, for the Applicants in I. A. No. 12926 of 2023 Mr. Annuj N. Narula i/b. Jhangiani Narula & Associates, Advocate, for the Respondents

CORAM

:

ANUJA PRABHUDESSAI, J.

DATE :

30.08.2023 P. C.

.

The Applicants, who are the Plaintiffs in eviction Suit - RAE Suit No. 5/9 of 2003 have by this Application sought to restrain the Respondents - tenants (Appln. in C. R. A. No. 84 of 2007) from carrying out any construction or demolition activities in the suit premises, for ascertaining the construction activities undertaken by the Applicants.

43. IA 12926-2023.doc 2.

Mr. Narula, learned counsel for the Respondents - tenants states that the Respondents - tenants have only carried out renovation. He makes a statement that the Respondents - tenants shall not carry out any further construction, modifcation or alteration without prior permission of the Applicants - Landlords. He also undertakes to place on record photographs showing the nature and extent of the construction alongwith the affdavit of the Applicants giving details of the construction undertaken and completed. The Affdavit with copy to the other side shall be fled in the Registry within ten days from the date the order is uploaded.

3.

In the light of the said statement, learned counsel for the Respondents/Landlords states that he does not wish to press prayer clause (c) at this stage, and reserves his rights to raise the relief at appropriate stage.

4.

In the light of the aforesaid statement, the Application stands disposed of.

(ANUJA PRABHUDESSAI, J.)