Mrs. Harshida H. Dave And Ors vs Mrs. Gunvantiben Harshukhrai ...
2022 Latest Caselaw 13212 Bom

                                                           1                   44 fa 330-20-c.odt


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                               FIRST APPEAL NO.330 OF 2020

                      Mrs.Harshida H. Dave and ors.                      ... Appellants
                           Vs.
                      Mrs.Gunvantiben H. Dave and ors.                   ... Respondents
                                                               -------

                      Mr.Vijaya Ingale with Mr.Rupesh Mandhere, Mr.Vineet Sawant i/by M/s
                      Sean Wassoodeo, Advocates for the Appellants.
                      Mr.Nikhil S. Karnawat, Counsel i/by M/s Maniar Srivastava Associates,
                      Advocates for Respondent No.5.
                      Mr.Santosh Parad, Advocate for Respondent No.6/MCGM.

                                                            -------
                                             CORAM :     ABHAY AHUJA, J.

                                             DATE :      19th DECEMBER, 2022.
                      P.C. :

1. This is an appeal impugning the judgment dated 11 th April, 2019

passed by the City Civil Court, Mumbai in Long Cause Suit No.4095 of

2006 pursuant to which the City Civil Court partly decreed the suit in

favour of the appellants. The appellants are aggrieved that although the

subject property is purportedly undivided, the court has not granted the

prayer of permanent injunction so as to submit the plans for

Digitally signed by redevelopment.

         PRIYA
PRIYA    RAJESH
RAJESH   SOPARKAR
SOPARKAR Date:
         2022.12.20
         15:09:24
         +0530

2. Learned counsel for the appellants would submit that the court has

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observed that the appellants are in possession of the respective area and

there is no partition of the suit property by metes and bounds and to that

extent the Trial Court has granted injunction.

3. Mr.Karnawat, learned counsel for respondent No.5 submits that his

client has already filed a suit for partition of the larger premises which is

pending in this court.

4. Having heard learned counsel and having perused the impugned

judgment, issue notice to the respondents returnable on 16th January,

2023.

5. Mr.Karnawat waives service on behalf of respondent No.5 and

Mr.Parad waives service on behalf of respondent No.6.

6. Learned counsel for the appellants is also permitted to file the

compilation of documents by the next date.

7. List on 16th January, 2023.

                                               (ABHAY AHUJA, J.)


Priya Soparkar                                                            2 of 2