Dr. Shalini Phansalkar-Joshi, J.

Admit.

2. With the consent of the learned counsels for the appellant and respondents, this appeal is heard finally at the stage of admission itself.

3. This appeal is preferred by the original defendant No. 1 challenging the order dated 22nd August, 2016, passed by the City Civil Court, Dindoshi, Mumbai, thereby making the Notice of Motion No. 1811 of 2016 in S.C. No. 702 of 2016, absolute in terms of prayer clause (a) thereof, restraining defendant No. 1 from entering upon and/or remaining upon the suit property bearing CTS No. 484 (part), situated at village Vile Parle (West), at Gulmohar Road, Juhu, Mumbai 400 049, ad-measuring 4400 sq. meters and further restraining him from carrying out any construction thereon. (For the sake of convenience, parties to this appeal are referred to by their original status in the trial court as plaintiff and defendant)

4. Facts of the appeal are to the effect that the respondent No. 1 plaintiff claims himself to be the sole proprietory firm of Mr. Rajiv Kashyap. The appellant-defendant No. 1 is a Private Limited Company dealing in construction and development activities. Defendant No. 2 is the statutory aut