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Bombay High CourtIA/1422/2025disposed off

Jhanavi Apartment Co-Op.Hsg. Society Ltd. v. Dulcine D'Leema Since Deceased Thr. Lrs. 1.1 To 1.2 And ANR.

2025-09-23Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

rsk 1 29-IA-1422-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1422 OF 2025 AND CIVIL APPLICATION NO.1666 OF 2012 IN FIRST APPEAL NO.1060 OF 2012 Jhanavi Apartment Co-Op. Hsg.

Society Ltd ....Applicant-Appellant V/S.

Dulcine D'leema Since Deceased Thr. Lrs. 1.1 To 1.2 And Anr ....Respondents ---- Mr. R. D. Soni a/w. Ms. Nidhi Patil i/b . Mr. Vikrant V. Parshuram, for the Appellant.

Ms. Priyanka Kothari a/w. Ms. Urusah M. I. i/b. Dave & Co. for the Respondent Nos.1 (a) in IA 1422 of 2025.

---- CORAM : JITENDRA JAIN, J.

DATED : 23 September 2025 P. C. :

1.

List Interim Application No.8605 of 2025 along with the present Interim Application. On the next date, the matter be listed for limited purpose of seeking instructions by the concerned advocate as to whether the repairs to the road which gives access to the society is to be done by the society or by respondent No.1(a).

2.

Mr. Soni has produced certain photographs of the road and looking at the same it does require repairing so that the access to the society is smooth.

rsk 2 29-IA-1422-25.doc 3.

I make it clear that if any permission is granted to repair the access road same will not amount to this Court expressing any opinion on the merits of the subject matter of the appeal. For the limited purpose of seeking instructions, list this matter on 6 October 2025. (JITENDRA JAIN, J.)