The Bombay Dyeing And Manufacturing Company Limited v. Mr. Savak Padamji Balsara

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3186 OF 2015 IN FIRST APPEAL st. NO.23026 OF 2014 with CIVIL APPLICATION NO.3187 OF 2015 IN FIRST APPEAL st. NO.23026 OF 2014 The Bombay Dyeing & Manufacturing Company Limited ... Applicant Vs.

Savak Padamji Balsara ... Respondent Mr.G.S. Godbole i/b M/s.Desai & Diwanji Negandhi Shah & Himayatulla for the Applicant Mr.U.J. Makhija i/b A.S. Khushrushahi for Respondent CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 30th SEPTEMBER, 2015 P.C.:

1.

Heard.

2.

For the reasons stated in the application, delay of 27 days in filing the appeal is condoned. Appeal to be numbered. 3.

Civil Application No.3186 of 2015 stands disposed of accordingly. CIVIL APPLICATION NO.3187 OF 2015 4.

By Civil Application No.3187 of 2015, the applicant / appellant prays for injunction against the respondent that he should not alienate, dispose 1 / 3

of or part with the possession of the suit flat alongwith car parking space, if any, pending appeal.

5.

On hearing the parties and as the respondent is in possession of the suit premises, the respondent, his agents, servants are restrained in any manner from disposing off, alienating, parting with or creating any encumbrance or third party rights in relation to the suit flat and the parking space, pending appeal except with the permission of this Court. 6.

Mr.Godbole is not pressing prayer clause (B) at this stage. 7.

With the above directions, the Civil Application for stay is disposed of.

8.

List the appeal for admission on 28.10.2015.

(MRIDULA BHATKAR, J.) 2 / 3

CERTIFICATE copy of original signed Judgment/Order.

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