M/S. Matrukrupa Enterprises And ANR. v. Shri. Suresh Yeshwant Phadke And ORS.

1/2 ao-225-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.225 OF 2014 M/s. Matrukrupa Enterprises & Anr.

... Appellants vs.

Shri Suresh Yeshwant Phadke & Ors.

... Respondents ...

Mr.B.K.Bali a/w Ms.Pallavi Bali i/b M/s. Bali Associates for the Appellants. None for the Respondents.

...

CORAM : A.A. SAYED, J.

DATED : 30 JANUARY 2017 P.C.:

By the impugned order dated 6 February 2012 in an Application under Order XXXIX Rules 1 and 2 of CPC the Defendants are restrained from creating any kind of third party interest, carrying out any kind of construction or development over the suit properties till the final disposal of the suit through themselves, their agents, servants etc. 2.

Inasmuch as the impugned order has been operating for the last about 5 years, I am not inclined to interfere with the impugned order at this stage. It is, however, directed that since the Suit is of the year 2011, the Uday.P.Kambli 1/2

2/2 ao-225-14.doc Trial Court shall endeavor to dispose of the Suit expeditiously and preferably within two years from today.

2.

Appeal from Order to stand disposed of accordingly. (A.A. SAYED, J.) Uday.P.Kambli 2/2