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2022 Supreme(Bom) 1218

BHARATI DANGRE
JAYWANT INDUSTRIAL PREMISES CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
SANGEETA KEWALRAMANI – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Virag Tulzapurkar, Kashish Manihar, Jyoti Pardeshi, Wadia Ghandy.
For the Respondent: Amogh Singh.

JUDGMENT :

Bharati H. Dangre, J.

1. The Appellant is a Co-operative Housing Society Ltd. captioned as ‘Jaywant Industrial Premises Co-operative Society Ltd.’ and is a defendant in L.C. Suit No. 825 of 2019. The Appeal is instituted by the Appellant, being aggrieved by order dated 16-12-2020 passed by the City Civil Court, on an application taken out by the plaintiff in the suit, under Order 39, Rule 1 and 2 of the C.P.C., which came to be allowed and an injunction order has been stormed against the defendants.

2. Heard learned Senior Advocate Mr. Virag Tulzapurkar for the Appellant and the learned Advocate Mr. Amogh Singh for respondent No. 1 (original plaintiff).

3. In order to appreciate the arguments of the learned Senior Advocate, I must refer to the proceedings between the parties.

The plaintiff, Sangeeta Kewalramani, owner of the various premises in the building known as ‘Jaywant Industrial Premises Co-operative Society Ltd.’ amongst other Unit Nos. 309, 310 and 311(T), situated at 63, Tardeo Road, Opp. SOBO Central Mall, Mumbai 34, instituted a suit under sections 34, 37 and 38 of the Specific Relief Act. The cause of action for instituting the suit was apparently, a notice issue

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