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2019 Supreme(Bom) 1639

S.C.DHARMADHIKARI, G.S.PATEL
Mohinder Rijhwani – Appellant
Versus
Hiranandani Construction Pvt. Ltd. – Respondent


Advocates Appeared:
Arun Panickar, Adv., Deepa Pohuja, Adv., Sheetal Raghavi, Adv., Sushma Singh, Adv., Priyanka Raul, Adv., Mayur Khandeparkar, Adv.

JUDGMENT :

G.S. Patel, J.

These two Appeals are by, respectively, original Defendant No. 4 and original Defendant No. 3 to the suit fled by the present 1st Respondent. Both Appeals are directed against an order dated 13th March 2019 of the learned Single Judge. We will refer to the parties as arrayed in the suit for convenience. The sole Plaintiff is one Hiranandani Constructions Private Limited. Defendant No. 3 is shown as two persons, Veena Hinduja and Haresh R Hinduja. Defendant No. 4 is shown as three persons, Mohinder Rijhwani, Prakash H Rijhwani and Prem H Rijhwani. Defendant No. 5 is M/s. Maitri Park Cooperative Housing Society. Veena Hinduja and Haresh R Hinduja are the Appellants in Appeal (L) No. 143 of 2019 and the three Rijhwanis are the Appellants in Appeal (L) No. 142 of 2019.

2. The suit itself was for the following reliefs:

    "a) this Hon'ble Court be pleased to order and decree the Defendants by a mandatory order and direction to forthwith handover or cause to be handed over vacant possession of said premises being old fat Nos. A/35/2 (along with shifting of the said Idol), B/36/1, B/38/1 and B/37/3 of the Defendant Nos. 1 to 4 respectively and shift to the new fat Nos.

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