8.ia.1497.21..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 1497 OF 2021

IN

SUIT NO.930 OF 2015

Sumanth Chander Bolar & Anr

..Applicants/Plaintiffs

Vs.

Mr.Ramshiromani R. Yadav & Ors

..Respondents/Defendants

Mr.Abhishek Tripathi, for the Applicants/Plainti昀昀s.

Mr. Nishant Sasidharan a/w Ms. Mansi Shah i/b M/s. Pravin Mehta

and Mithi & Co, for Defendant Nos.13 to 15.

Mr. Anosh Sequeira i/b H. K. Law & Associates, for Defendant

Nos.16 to 48.

CORAM:- B. P. COLABAWALLA,J.

DATE :- APRIL 18, 2022.

P. C.:

The above Interim Application is filed seeking the following

reliefs:-

a) That this Hon’ble court be pleased to allow the instant application;

b) That this Hon’ble be Court be pleased to allow the Plaintiffs to implead

the Respondent No. 50 as proposed Defendant No.50 as more

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ANJALI

TUSHAR

ASWALE

Digitally signed

by ANJALI

TUSHAR ASWALE

Date: 2022.04.18

16:14:45 +0530

8.ia.1497.21..doc

particularly mentioned in the Schedule “ A “ of the present instant

application;

c) That this Hon’ble Court be pleased to allow the Plaintiffs to carry out the

amendment to the Plaint as more particularly set out in the Schedule “ B

“ of the instant application.

d) That this Hon’ble Court be pleased to allow the Plaintiffs to add word

“deceased” in the front of the Defendant No.9;

e) That pending the hearing and final disposal of the instant chamber

summons this Hon’ble Court be pleased to pass an permanent order of

injuction against the Defendant Nos. 13 to 15, and their, servant/s, agent/

s, employee or any person claiming under them from creating any third

party rights, in respect of 4 flats bearing Flat No. 501, 502, on 5^th Floor,

Flat No. 601, on 6^th Floor and Flat No. 1702 on 17^th Floor in the building

known as said Sai Jharokha, lying bearing and situated at Survey No.

191-1B & 191-1B (part), CTS No. 2394F and 2336 Part I and II situated

at Village Dahisar, Taluka: Borivali, admeasuring 887 square meters;

f) That pending the hearing and final disposal of the present chamber

summons this Hon’ble Court be pleased to pass temporary order of

injuction against the defendant no.13 to 15 thereby directing the said

defendants to deposit a sum of Rs.23,50,00,000/- being the values of the

suit land, sale proceed, the cost of the profits compensations and

damaged suffered by the plaintiffs at the hands of defendant no.13 to 15

as the defendants nos. 13 to 15 are strangers to the suit land;

g) Interim and ad-interim in terms of prayer clause (e) and (f) above be

granted;

h) Such other and further relief as the circumstance of the case may

warrant;

2

At the out set, the learned counsel appearing on behalf of

the Plaintiffs/Applicants has stated that he is not pressing the above

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Interim Application in terms of prayer clauses (e) and (f) at this stage

and reserves the right to file a composite Interim Application after

amendments are allowed. The said statement is accepted.

3

After the above Interim Application was argued at some

length, it is agreed between the learned counsel for the parties that the

Interim Application may be allowed subject to keeping all rights and

contentions of parties, on limitation, jurisdiction as well as on merits

open.

4

In these circumstances, the Interim Application is

accordingly made absolute in terms of prayer clauses (b), (c) and (d)

reproduced above.

5

The amendment shall be carried out within a period of two

weeks from today and the amended copy of the Plaint shall be served on

all the Defendants, including the newly added Defendants within a

period of two weeks thereafter.

6