Pankj Unit No. 1 Housing Development Co, Pvt. Ltd. And 2 ORS. v. Oshiwara Land Development Co. Pvt. Ltd.

1 NMS.1637/2015-S.1975/2011(MNB) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1637 OF 2015 IN SUIT NO. 1975 OF 2011 Pankaj Unit No.1 Housing Development Co-op. Pvt. Ltd. & Anr.

...Plaintiffs Vs.

Oshiwara Land Development Co-op.

Pvt. Ltd. & Anr.

...Defendants Mr. Mustafa Doctor, Sr. Counsel i/b. Warerkar & Warerkar for the Plaintiffs Ms. Priyanka Kothari a/w. Mr. Ajay Bilawala i/b. Bilawala & Company for the Defendant No.1 CORAM : MRS. ROSHAN DALVI, J.

DATED : 5TH OCTOBER, 2015 P.C. :

Not on board. On mentioning taken on board.

1.

This notice of motion is taken out by the defendants for injunction order against the plaintiffs restraining plaintiffs from mutating their names in the revenue records as also against the respondent from entertaining any application in that behalf. The plaintiff is admittedly the lessee of the defendants under the lease deed of 1981. The lease is for 98 years. It would expire in 2079. The revenue records to be mutated only to show this position. The revenue records

2 NMS.1637/2015-S.1975/2011(MNB) indeed must show the correct position. Since the execution of the lease deed is admitted the revenue records in fact must be altered. There can be no ad-interim injunction. The fact that the suit is pending for the reversionary rights has no bearing on the mutation entries. With this explanation the notice of motion is disposed off.

(ROSHAN DALVI, J.)

3 NMS.1637/2015-S.1975/2011(MNB) CERTIFICATE Certified to be true and correct copy of the original signed Judgment /order.