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2021 Supreme(SC) 892

INDIRA BANERJEE, V.RAMASUBRAMANIAN
Shubhas Jain – Appellant
Versus
Rajeshwari Shivam – Respondent


Advocates appeared:
Mr. Dilip Annasaheb Taur, Advocate, for the Appellant; Mr. Preteesh Kapur, Sr. Advocate, Ms. Vishakha, Advocate, Mr. Karthik Rajshekhar, Advocate, Mr. Atul Kumar, Advocate, Mr. Siddharth Bhatnagar, Sr. Advocate, Ms. Pallavi Pratap, Advocate, Ms. Aruna Savla, Advocate, For M/S. Pratap And Co., Advocate, for the Respondent.

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. This appeal is against a final judgment and order dated 24.11.2020 passed by the Bombay High Court, disposing of the writ petition WP-LD-VC- No.163/2020 filed by the Respondent No.1, a tenant of the Appellant, and giving liberty to the Respondent No.1 to remove an adjoining wall with the assistance of architects M/s. Shetgiri and Associates, without damaging the property of the Appellant.

3. The Appellant is the owner of the structure admeasuring 1069 sqm. at Vishram (Mahavir) Baug Compound, Plot bearing CTS No.792, P.L. Lokhande Marg, Chembur, Mumbai, hereinafter referred to as the "premises in question".

4. The Appellant states that the premises in question is comprised of 3 three-storied inter linked structures, constructed by the predecessors-in-interest of the Appellant in 1930. The first structure has 6 rooms, the second structure has 10 rooms and the third structure has 9 rooms. There were about 24 tenants at the premises in question, i

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