Shri.Mohit Atul Kothare And Anr vs Smt.Mohini Rajkumar Seth And Ors
2017 Latest Caselaw 6177 Bom

Sherla V.


                                                                           fast.15075.2017_546.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                 FIRST APPEAL st. NO.15075 OF 2017
                                              with
                                          CAF/2023/2017

            Mohit Atul Kothare & anr.                               ... Appellants

                     Vs.

            Mohini Rajkumar Seth & Ors.                             ... Respondents


            Ms.E.A. Gonsalves with R.L. Gonsalves for the Appellants
            Ms.Rajani Iyer with Ms.Maya Sarkar i/b Madhukar Munim & Co. for
            Resp.No.1
            Ms.Nandini Menon for Respondent Nos.3 and 4

                                                CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: AUGUST 16, 2017

P.C. :

1. Upon urgent mentioning, taken on Production Board.

2. Learned Counsel for the appellants submitted that the

appeal is filed challenging the judgment and order dated 7.4.2017

passed by the learned Judge of the City Civil Court, Bombay, in

Suit No.9931 of 1987.

3. Ms.Iyer, learned Senior Counsel appearing for Respondent

No.1 i.e., the original plaintiff / decreeholder, submitted that the

property is an open plot of land having a structure standing on it on

fast.15075.2017_546.doc

the 1/5th of the said plot and the property is in exclusive possession

of the appellant i.e., the original defendant Nos.1a and 2. She

submitted that the said property is to be protected and moreover,

the trial Court has directed enquiry in respect of mesne profits in

paragraphs 5 and 6 of the operative part of its order. She further

submitted that the suit is decreed after 30 years.

4. Heard submissions of the parties. In the circumstances, by

way of interim relief, the following order is passed:

i) The impugned judgement and order dated 7.4.2017 is

hereby stayed pending admission.

ii) The appellants/Judgement Debtors shall not create any

third party interest or change the nature of the property or

part with the property till further orders.

iii) The issue of mesne profits and directions given by the

Court in clauses 5 and 6 of the operative part of the

impugned order will be considered at the time of the hearing

of the appeal at admission stage.

5. S.O. to 11.10.2017.

(MRIDULA BHATKAR, J.)