Laxmi Dhondu Kotere And ANR v. Shantaram Dhondu Kotere And ORS

2023:BHC-AS:25237

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15542 OF 2022 Laxmi D. Kotere and anr.

...Petitioners

Versus

Shantaram D. Kotere and ors.

...Respondents

Mr. Suneet Moholkar for the Petitioners.

Dr. A.S. Tilak for the Respondents.

CORAM

:

N. R. BORKAR, J.

DATE :

1 SEPTEMBER 2023.

PC:- 1.

During the pendency of suit, the trial Court by order dated 9 March 2021 while allowing the application fled by the respondent No.1/plaintif for temporary injunction passed the following order:

"ORDER This application is hereby allowed.

Temporary injunction is granted in favour of plaintif restraining defendant No.2 and 3 from parting with possession of suit premises or creating third party interest in respect of suit premises till fnal disposal of this suit.

Temporary injunction is granted in favour of plaintif restraining defendant No.1 and 4 from paying compensation to defendant No.2 and 3 for surrendering permanent alternate accommodation till fnal disposal of 1/6

this suit.

4.

Temporary injunction is granted in favour of plaintif restraining defendant No.1 and 4 from accepting defendant No.2 and 3 as member/share holder of suit premises and defendant No.2 and 3 are restraining from becoming member/share holder of suit premises till fnal disposal of this suit.

Costs to abide by result in the suit."

2.

The appeal fled by the petitioners/defendant Nos.2 and 3 against the order of trial Court came to be dismissed. Hence this petition.

3.

The learned counsel for the petitioners has tendered Undertaking-Cum-Declaration of the petitioners. The same is taken on record and marked as "X" for the purposes of identifcation. The learned counsel for the petitioners submits that petitioner No.2 is present before the Court. 4.

For the ease of reference, the Undertaking-CumDeclaration of the petitioners is scanned and reproduced below:

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4/6

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5.

In view of the above Undertaking-Cum-Declaration of the petitioners, clause No.4 of the operative order of the trial Court is set aside. Rest of the order is confrmed.

6.

The respondent No.2 shall admit the present petitioner/s as Member and shall issue Share Certifcate accordingly. 7.

Till decision of the suit, the respondent No.2 shall not admit any other Member in place of petitioner/s. 8.

The Petition is disposed of in the above terms. (N. R. BORKAR,J.) 6/6