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Bombay High Court

Lal Parmanand Kanuga vs Sheroo Parmanand Kanuga And 13 Ors on 2 January, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                 1/2               6 IA (L) 39363.22.doc


  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        ORDINARY ORIGINAL CIVIL JURISDICTION
        INTERIM APPLICATION (L) NO. 39363 OF 2022
                           IN
                SUIT (L) NO. 32571 OF 2022
                          WITH
          INTERIM APPLICATION (L) 32572 OF 2022
                           IN
                SUIT (L) NO. 32571 OF 2022

Lal Parmanand Kanuga                       .. Petitioner
               Versus
Sheroo Parmanand Kanuga and 13 Ors         .. Respondents
                           ...

Mr. Mayur Khandeparkar with Mr.N. Chothani with Mr.Nivit
Srivastava and Ms.Sneha Patil i/b Maniar Srivastava Associates
for the plaintiff.
Mr.Girish Godbole i/b Hitesh Vyas and Chandrashekhar Yadav
for defendant nos.1 to 3.
Mr.Tushad Cooper, Sr. Counsel with Drishti Doshi, Kartikeya
desai and Sayli Shinde i/b Kartikeya & Associates for defendant
nos.4, 8, 9 and 10.
Mr.Sahil Sayed with V.Nair for defendant nos.11 and 12.

                          CORAM: BHARATI DANGRE, J.

DATED : 2nd JANUARY, 2023 P.C:-

1. Let the contesting defendants place on record their responses to the Interim Application (L) No. 39363 of 2022 within a period of two weeks from today.

In the meantime, learned Senior Counsel representing the defendant No.4 make a statement that the apprehension Ashish Mhaske ::: Uploaded on - 06/01/2023 ::: Downloaded on - 06/01/2023 23:19:59 ::: 2/2 6 IA (L) 39363.22.doc expressed by Mr. Khandeparkar should stand redressed in the wake of his statement, that no forcible method shall be adopted to restrain the entry of the plaintiff in the suit premises and shall not evict any of the occupants of the said flats without following due process of law, till the Court passes the necessary orders.

The said statement is made as regards property no.1 and 2, being the residential property mentioned in the Exhibit-B of the plaint and property no.1 described as, Office No. G-5 Tulsiani Chambers, Nariman Point, Mumbai.

Needless to state that above arrangement shall work between the parties without prejudice to their rights and contentions.

2. Looking to the nature of the dispute, let the parties, with the able assistance of their respective counsel, make an endeavor to settle the discord, before the next date of hearing.

Re-notify to 19/1/2023. To be listed at 2:30 p.m. ( SMT. BHARATI DANGRE, J.) Ashish Mhaske ::: Uploaded on - 06/01/2023 ::: Downloaded on - 06/01/2023 23:19:59 :::