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Bombay High CourtIA/575/2025disposed off

Jagannath Mandhania And Company And 3 ORS. v. Clarry Rodrigues And 5 ORS

2025-09-30Hon'Ble Justice Kamal Khata2 pages

7-OSIA-575-2025.DOC apn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.575 OF 2025 IN SUIT NO.93 OF 2017 Jagannath Mandhania & Company & Ors.

...Intervener/ Applicant In the matter between Clarry Rodrigues & Ors.

...Plaintiffs v/s.

Badruddin N.A. Khan & Anr.

...Respondent

WITH INTERIM APPLICATION (L) NO.28028 OF 2022 ______________________ Adv. Sujay Gawade, a/w Adv. Sumedha Dhopate, Adv. Mudita Pawar, Adv. Mihika Save, i/by Shree And Co. for the Plaintiff Nos.1(a), 1(b), 1(c) and 3.

Adv. Piyush Raheja, a/w Adv. Akash Loya, i/by Premlata Modani for the Intervenor.

Sarah Clarry Rodrigues, Plaintiff No.1(a), present-in-person. ________________________ Digitally signed by ASHWINI H GAJAKOSH Date:

2025.10.01 15:11:46 +0530 CORAM : Kamal Khata, J.

DATED : 30th September 2025.

ASHWINI GAJAKOSH P.C.:- 1.

By this Interim Application, the learned Advocate for the Applicant seeks a direction to the Sub Registrar of Assurances, Kurla, Mumbai Sub-District, or any other

7-OSIA-575-2025.DOC competent authority, to alter/amend/modify the Notice of Lis Pendens bearing No.1308/292 of 2017, and to specifically cancel the Lis Pendens in respect of the Applicant's property admeasuring 980 Sq. Yards (equivalent to 819.41 Sq. Mts) out of 2717 Sq. yards, situated at Survey No.6, CTS No.109, Village-Sakhi, Taluka-Kurla, Mumbai Suburban District. 2.

The learned Advocate for the Plaintiff, on instructions of the Plaintiff who is present in Court, states that he has no objection if such directions is issued.

3.

In view of the aforesaid statement, the Interim Application No.575 of 2025 is allowed in terms of prayer clause (A).

(Kamal Khata, J.)