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2016 Supreme(Bom) 338

R.D.DHANUKA
Ashwatha Developers – Appellant
Versus
Shree Vardhaman Stanakvasi Jain – Respondent


Advocates Appeared:
Mr. Pravin Samdhani, Senior Advocate a/w Mr. Anirudha Joshi, a/w Mr. Satyen Vora, Mr. Atul Kshatriya, i/by Markand Gandhi & Co. for the Appellant in Appeal from Order No.495 of 2015 and in Appeal from Order No.496 of 2015 and for Respondent Nos. 4 in Appeal from Order No.487 of 2015 and Appeal from Order No. 1210 of 2015.
Mr. E.P. Bharucha, Senior Counsel a/w Mr. A.V.Diwate i/by Mr. U.H.Deshpande for B.M.C. for Appellants in Appeal from Order No.1210 of 2015 and for Respondent Nos. 2 and 3 in Appeal from Order No.495 of 2015 and Appeal from Order No.496 of 2015.
Mr. T.N. Subramanian, Senior Counsel a/w Mr. Shishir Joshi, a/w. Ms. Priti Joshi i/by Mrs. Bhakti Jogal for the Appellant in Appeal from Order No.487 of 2015 and for Respondent No.4 in Appeals from Order No.495 of 2015 and 496 of 2015.
Mr. Mukesh Chheda i/by Mr. Y.M. Chheda for the Respondent No.1 in Appeal from Order No.496 of 2015, Appeal from Order No.487 of 2015 and Appeal from Order No.1210 of 2015.
Mr. Mukesh Chheda i/by Mr. Y.M.Chheda for Respondent N.1 in Appeal from Order No.495 of 2015.

JUDGMENT :

By three separate appeals bearing nos.496 of 2015, 1210 of 2015 and 487 of 2015, the appellants (original defendants nos.1, 2, 3 and 4) have impugned the order passed by the learned trial Judge allowing the Notice of Motion No.1396 of 2010 filed by the respondent no.1 herein (original plaintiff) for interim relief. The order dated 30th January 2015 passed by the learned trial Judge dismissing the Notice of Motion No.3339 of 2013 filed by the original defendant nos.4 inter alia praying for vacating the order dated 16th June 2010 read with order dated 19th October 2010 and for staying the effect and implementation of order dated 16th June 2010 read with order dated 19th October 2010 has been impugned by the defendant no.4 in Appeal from Order No.495 of 2015. By consent of parties, all four appeals were heard together and are being disposed of finally.

2. Appeal from Order Nos.495 of 2015 and 496 of 2015 are filed by the original defendant nos.4. Appeal from Order No.487 of 2015 is filed by the original defendant no.3 and Appeal from Order No.1210 of 2015 is filed by the Municipal Corporation for Greater Mumbai (original defendant nos.1 and 2). The respondent no.1 herein was































































































































































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