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APPELLATE SIDE,BOMBAY
SANDEEP V. MARNE, J
Tarunkumar Bhavarlaji Parmar – Appellant
Versus
Roshanlal Ranglalji Kothari – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amogh Singh, Mr. Vivek Shukla, Mr. Rajesh Kanojiya
For the Respondents: Mr. Fayzan Khan

JUDGMENT :

1.These Appeals arise out of proceedings filed between same parties and have therefore been taken up for hearing together. In Appeal No. 680 of 2022, the Appellants therein have challenged Order dated 13 June 2022 passed by the City Civil Court rejecting Notice of Motion No. 1212 of 2021 filed by Appellants-Plaintiffs seeking temporary injunction. Notice of Motion No. 1212 of 2021 was filed in SC Suit No. 882 of 2021 instituted by Roshanlal Ranglalji Kothari challenging Deed of Transfer dated 02 February 2021 between Sampathlal Geharilalji Parmar and Mahendra B. Parmar (Jain) and to restrain defendants therein from obstructing Plaintiff’s possession over the suit shop.

2. In Appeal No. 164 of 2023, the Appellants-Plaintiffs have challenged Order dated 06 January 2023 refusing ad interim relief in Notice of Motion No. 3881 of 2022 filed in S.C. Suit No.2557 of 2022. That suit is filed by the Appellants-Plaintiffs to restrain the Defendants therein from obstructing Plaintiffs’ possession over the suit shop.

3. Thus there are competing claims by Plaintiffs in both the suits to claim possession over the suit shop. The City Civil Court has refused to grant interim / ad interim i

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