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2016 Supreme(Bom) 2078

SHALINI PHANSALKAR-JOSHI
Dipak Development Corporation – Appellant
Versus
Veena Vithaldas Sampat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nishant Sasidharan, Mr. S.S. Redekar
For the Respondents: M.J. Jamdar, Kapil N. Gor

JUDGMENT :

Shalini Phansalkar-Joshi, J.

This appeal is directed against the order dated 16.10.2014 passed by the City Civil Court, Mumbai in an unregistered Notice of Motion in S.C. Suit No. 5540 of 2007. By the said order, the Trial Court has rejected the Notice of Motion filed by the present appellant. By the said Notice of Motion, the appellant was seeking the relief of interim injunction restraining respondent Nos. 3 and 25 from creating any third party interest in the suit flat bearing No.201 in Building 'C' at Khajuria House, Khajuria Nagar, Kandivali (W), Mumbai. The reasons assigned by the Trial Court for dismissal of this Notice of Motion are two fold. The first reason is that, vide the order dated 19.12.2007 passed in Notice of Motion No. 3069 of 2007 by this Court, the interim relief of injunction was granted restraining original defendant Nos.1 to 9, 15 to 19 and 21 to 23 from creating third party interest or disposing of the original suit property in any event. The Trial Court observed that respondent No. 3 i.e. defendant No.3 in the Trial Court suit was already party in the said Notice of Motion. Therefore, the order of interim injunction granted by this Court on 19.12.














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