Vivek Enclave Co-Operative Housing Society Limited v. Prajapati Brahma Kumaris Ishwarya Vishwa Vidyalaya

ssm 1 33-aost27682.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 27682 OF 2019 WITH INTERIM APPLICATION NO. 1 OF 2019 IN APPEAL FROM ORDER (STAMP) NO. 27682 OF 2019 Vivek Enclave Co-Operative Housing Society Limited .....Appellant.

Vs.

Prajapati Brahma Kumaris Ishwarya Vishwa Vidyalaya & Ors.

.....Respondents.

Smt. Sumedha Rao i/by Rumana Bagdadi for the Appellant. Mr. Amit Yadav for the Respondent Nos. 1 and 2. CORAM : A. S. GADKARI, J.

DATE : 3rd FEBRUARY, 2020.

P.C.:- Learned counsel for the Respondent Nos.1 and 2 submitted that, his clients have complied with Order dated 6th December, 2019 passed in Interim Application No. 1 of 2019 in Appeal From Order (Stamp) No. 27682 of 2019 and has deposited the monthly maintenance arrears of the Appellant Society till January, 2020.

He further, on instructions, submitted that the Respondent No.1 will continue to pay the maintenance charges of the Appellant Society till the disposal of the S.C. Suit No. 1741 of 2019 filed by the Appellant and 1/2

ssm 2 33-aost27682.19.doc pending on the file of the learned Judge of the City Civil Court, at Dindoshi, Mumbai till its final disposal. The said statement is accepted as an undertaking given to this Court.

In view of the said statement made by the Respondent Nos.1 and 2, further Order in the present Appeal is not necessary. Appeal is accordingly allowed.

In view of the statement made by the Respondent Nos.1 and 2, Order dated 6th December, 2019 is hereby confirmed. Interim Application is also allowed in the aforesaid terms. by Sanjiv S.

Mashalkar Date: 2020.02.07 11:56:05 +0530 (A.S. GADKARI, J.) Sanjiv S.

Mashalkar 2/2