Hanoz Sam Lakdawalla v. The Trust For Funds And Properties Of The Parsi Panchayat At Bombay And ORS.

28-IA-13377-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13377 OF 2024 IN FIRST APPEAL NO. 1564 OF 2010 Hanoz Sam Lakdawalla ...Applicant

Versus

The Trust For Funds And Properties Of The Parsi Panchayat At Bombay And Ors

...Respondents

**** Mr. Atharva Dandekar a/w Mr. Om Waghmode i/b Ms. Yogita Singh for the Applicant.

Mr. Smith Colaco a/w Mr. Agnel Carneiro, Mr. Tushar Cooper i/b Mulla and Mulla and CBC for Respondents.

**** CORAM :

M.M. SATHAYE, J.

DATE :

8th JULY, 2025 P.C. :

1.

Heard learned Counsel for the parties. This application is filed in 2024 in a pending appeal of the year 2010, seeking following prayers.

"a) Pending the hearing and final disposal of the present First Appeal, this Hon'ble Court be pleased to restrain, by Order of temporary injunction, the Respondents, their servants, agents, or any person/s claiming through or under them or acting on their behalf or at their behest from carrying out any auction to give the Suit Flat (described at para 3 above) on Leave and License:

b) Pending the hearing and final disposal of the present First Appeal, this Hon'ble Court be pleased to restrain. by Order of temporary injunction, the Respondents, their servants, agents, or any person/s claiming through or under them or acting on their behalf or at their behest from Sneha Chavan 1/2

28-IA-13377-2024.doc allotting the Suit Flat (described at para 3 above) to any third party on Leave and License basis or otherwise disposing of, selling, alienating or otherwise creating any third party rights in respect thereof;"

2.

A reply has been filed to the application from which, the admitted position emerging is that, suit property has been already given under leave and licence agreement to third party. 3.

In that view of the matter, without entering into the merits of the interim relief sought or opposition as put up by the Respondent and without prejudice to the rights and contention of the rival parties, present application is disposed of.

(M.M. SATHAYE, J.) Sneha Chavan 2/2