ssm

sm

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IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL

CIVIL

CIVIL APPELLATE JURISDICTION

APPELLATE JURISDICTION

APPELLATE JURISDICTION

CIVIL

CIVIL

CIVIL APPLICATION NO. 3985 OF 2007

APPLICATION NO. 3985 OF 2007

APPLICATION NO. 3985 OF 2007

IN

IN

IN

FIRST

FIRST

FIRST APPEAL NO. 2184 OF 2007

APPEAL NO. 2184 OF 2007

APPEAL NO. 2184 OF 2007

Nahalchand Laloochand Pvt. Ltd.

...Applicant.

Vs.

Bheem Co-operative Housing Soc. Ltd. ...Respondents.

Smt. Rajani Iyyer, Sr. Counsel with Mr. V.R.Dhond

i/by M/s. Prakash & Co. for the applicant.

Mr. G.N. Salunkhe and Mr. S.R. Sharma for the

respondents.

CIVIL

CIVIL

CIVIL APPLICATION NO. 3986 OF 2007

APPLICATION NO. 3986 OF 2007

APPLICATION NO. 3986 OF 2007

IN

IN

IN

FIRST

FIRST

FIRST APPEAL NO. 2185 OF 2007

APPEAL NO. 2185 OF 2007

APPEAL NO. 2185 OF 2007

Nahalchand Laloochand Pvt. Ltd.

...Applicant.

Vs.

Sahadev Co-Operative Housing

Soc. Ltd.

...Respondents.

Smt. Rajani Iyyer, Sr. Counsel with Mr. V.R.Dhond

i/by M/s. Prakash & Co. for the applicant.

Mr. G.N. Salunkhe and Mr. S.R. Sharma for the

respondents.

CIVIL

CIVIL

CIVIL APPLICATION NO. 3987 OF 2007

APPLICATION NO. 3987 OF 2007

APPLICATION NO. 3987 OF 2007

IN

IN

IN

FIRST

FIRST

FIRST APPEAL NO. 2182 OF 2007

APPEAL NO. 2182 OF 2007

APPEAL NO. 2182 OF 2007

Nahalchand Laloochand Pvt. Ltd.

...Applicant.

Vs.

Panchali Co-Operative Housing

Soc. Ltd.

...Respondents.

( 2 )

Smt. Rajani Iyyer, Sr. Counsel with Mr. V.R.Dhond

i/by M/s. Prakash & Co. for the applicant.

Mr. G.N. Salunkhe and Mr. S.R. Sharma for the

respondents.

CIVIL

CIVIL

CIVIL APPLICATION NO. 3988 OF 2007

APPLICATION NO. 3988 OF 2007

APPLICATION NO. 3988 OF 2007

IN

IN

IN

FIRST

FIRST

FIRST APPEAL NO. 2181 OF 2007

APPEAL NO. 2181 OF 2007

APPEAL NO. 2181 OF 2007

Nahalchand Laloochand Pvt. Ltd.

...Applicant.

Vs.

Yudhishtra Co-Operative Housing

Soc. Ltd.

...Respondents.

Smt. Rajani Iyyer, Sr. Counsel with Mr. V.R.Dhond

i/by M/s. Prakash & Co. for the applicant.

Mr. Umesh Shetty with Miss. Yamini Chandran for

respondent No.1.

CIVIL

CIVIL

CIVIL APPLICATION NO. 3989 OF 2007

APPLICATION NO. 3989 OF 2007

APPLICATION NO. 3989 OF 2007

IN

IN

IN

FIRST

FIRST

FIRST APPEAL NO. 2183 OF 2007

APPEAL NO. 2183 OF 2007

APPEAL NO. 2183 OF 2007

Nahalchand Laloochand Pvt. Ltd.

...Applicant.

Vs.

Arjun Co-Operative Housing

Soc. Ltd.

...Respondents.

Smt. Rajani Iyyer, Sr. Counsel with Mr. V.R.Dhond

i/by M/s. Prakash & Co. for the applicant.

CORAM

CORAM

CORAM : ANOOP V. MOHTA,J.

: ANOOP V. MOHTA,J.

: ANOOP V. MOHTA,J.

DATED

DATED

DATED : 13th September, 2007

: 13th September, 2007

: 13th September, 2007

P.C.

P.C.

P.C.

( 3 )

1. By impugned order dated 04/04/2007 passed by the

City Civil Judge, Greater Bombay, the suits filed by

the plaintiffs, are dismissed.

2. The order of injunction dated 18/12/2004 passed in

Notice of Motion No. 1379 of 2004 stood vacated.

However, from time to time pursuant to the respective

submissions made by the parties, the interim orders so

granted has been continued till this date initially by

the trial court and since 14/08/2007 by this Court

pending the admission. The basic prayer clause (a) of

notice of motion 1376 of 2004 is as follows:-

"a)

that pending the hearing and final

disposal of this suit, the Defendants,

their office bearers, committee members,

members, servants, agents or any other

person claiming through them be

restrained by an order of injunction of

this Hon’ble Court from encroaching

upon/trespassing on the suit premises

and/or in any manner

disturbing/obstructing/interfering with

the possession of the Plaintiffs in

respect of the suit premises i.e. 25

number of parkin