Girnar Residency Co-Operative Housing Society Ltd (Proposed) And 15 ORS v. Shradha Co-Operative Housing Society Ltd And 6 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.73 OF 2019 IN NOTICE OF MOTION NO.1129 OF 2016 IN SUIT NO.334 OF 2016 Girnar Residency CHSL (Proposed) & Ors.

.. Applicants/Plaintiffs v/s.

Shradha CHSL & Os.

.. Defendants Mr. J.P. Sen, Sr. Advocate, a/w Rohaan Cama, Ish Jain, Amruta Thakur, Kiran Jain i/b. Kiran Jain & Co. for the plaintiffs. Mr. Mayur Khandeparkar a/w Vinay Taliwal i/b. Tamanna Bafna for defendant no.1.

Ms. Kausar Banatwala a/w Gauri Sakhardande i/b. Tushar Goradia for defendant nos. 2 to 4.

Mr. D. N. Kher, Court Receiver.

Mr. S. S. Toraskar, Section Officer, Court Receiver Office. Mr. Sagar Patil for MCGM.

CORAM : A. K. MENON, J.

ST JANUARY, 2021.

DATED : 21 P.C. :

1. This is an application by which the plaintiffs seek clarification of an order dated 18 th June, 2019 incorrectly mentioned as 19 th June, 1/2

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2019 in prayer clause (i). The clarification sought is to the effect that the 10 meter opening in the wall between two societies may be created but with a collapsible gate with the lock and key to be retained by the plaintiff. The order is clear as to the reasons on the opening had to be created. No clarification is required.

2. Mr. Sen at this stage points out what is contemplated is not a collapsible gate but a sliding gate. That makes no difference. The order was required in order to enable the parties to comply with the requirement, inter alia, of the fire brigade so as to permit movement which has already been deal with in the order. Hence, there is no occasion to issue any clarification.

3. Accordingly, I pass the following order;

(i) IA is dismissed.

(ii) No orders as to costs.

(A. K. MENON, J.) Digitally signed by Sandhya Wadhwa Date:

2021.01.22 17:14:49 +0530 Sandhya Wadhwa 2/2

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