JUDGMENT:

Heard Mr. N.V. Walawalkar, learned Senior Advocate for the Appellant - Original Defendant No. 1 and Mr. Sachin Kadam for Respondent No. 1 - Plaintiff.

2. This Appeal from Order is filed to challenge the order dated 09.03.2021 passed by City Civil Court, Dindoshi, Mumbai in Notice of Motion No. 5 of 2021 in S.C. Suit No. 7 of 2021, whereby the trial Court has made the said Notice of Motion absolute in terms of prayer clauses (a), (b) and (c).

The prayer clauses (a), (b) and (c) of the Notice of Motion reads thus:-

"(a) That pending hearing and final disposal of the above suit this Hon'ble Court be pleased to direct the Defendant No. 1 to stay its hands and remove the partly carried out construction activity at the suit plot of land bearing C.T.S. No. 418 being red portion shown in lay out plan;

(b) That pending hearing and final disposal of the above suit, this Hon'ble Court be pleased to direct the Defendant No. 3 to implement the Hon'ble Court's order and restrain any person from carrying out any construction on the suit plot of land bearing C.T.S. No. 418 as shown in red