R.M.SAVANT
Shree Parshwa Heights – Appellant
Versus
Nirmala Dhandukhlal Thakkar – Respondent
1. Admit. With the consent of the Learned Counsel for the parties taken up for hearing forthwith.
2. The grant of injunction to the Plaintiffs by the impugned order dated 31-10-2015 passed by the Learned Judge of the City Civil Court, Borivali Division, Dindoshi Mumbai, has given rise to the filing of the above Appeals From Order.
3. The Respondent No.1 herein is the original Plaintiff. The Respondent Nos.2 to 5 are the original Defendant Nos.1 and 9 to 11. The Appellants in Appeal From Order No.272 of 2016 are the original Defendant Nos.2 to 7. Appellant No.1 is a partnership firm and the Appellant Nos.2 to 7 are its partners. By the impugned order the Appellants have been restrained from carrying out construction work on the plot of land identified as C6 till final disposal of the Suit. The Appellant in Appeal From Order St No.35261 of 2015 is the original Defendant No.1. Since both the Appeals From Order involve a challenge to the same order, they are heard together.
4. The facts involved in the above Appeals can in brief be stated thus:
The Defendant No.1 herein is the owner of lands totally admeasuring 43621.40 sq.yds equivalent to 36472 sq.mt. The said lands bore variou
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