JUDGMENT/ORDER

N.J.JAMADAR, J. - This appeal is directed against an order dtd. 13/3/2023, passed by the learned Judge, City Civil Court, Greater Bombay, in Notice of Motion No.726 of 20223 in LC Suit (L) No.1901 of 2023, whereby the learned Judge was persuaded to dismiss the Notice of Motion taken out by the plaintiff to restrain respondent Nos.1 to 4 defendant Nos.1 to 4 from constructing a building for Dispensary on a plot of land bearing CTS No.139 (Pt), 140, 140/1 to 15 situated at Parsi Wadi, Near Jai Maharashtra Ganesh Maidan, Ghatkopar (West), Mumbai, ("the suit property') till the final disposal of the suit.

2. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the City Civil Court.

3. The background facts leading to this appeal can be summarized as under:

<WXY>(a) The plaintiff is the proprietary firm of Devdas Bhujang Rao. He deals in the business of construction and real estate development. Mr. Dhirajlal Mehta and Anil Kumar Mehta were the holders of the suit property. The plaintiff acquired the suit property under a registered conveyance dtd. 1/2/2011 on 'as is where is basis'. The suit prope