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Bombay High Court

Zenobia R. Poonawla (Nee Ginwalla) And ... vs Dr. Rustom Farhad Ginwalla And Others on 7 November, 2025

                                                                                       51-61-asao-499-2024+.doc


                      Sumedh

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                        APPEAL FROM ORDER NO.499 OF 2024

                      Zenobia r. Roonawala
                      (Nee Ginwalla) & Anr.                               ... Appellants
                            V/s.
                      Dr. Rustom Farhad Ginwalla & Ors.                   ... Respondents

                                                    WITH
                                     INTERIM APPLICATION NO.12735 OF 2025
                                                    WITH
                                     INTERIM APPLICATION NO.10195 OF 2024
                                                      IN
                                       APPEAL FROM ORDER NO.499 OF 2024
                                                  _______________________

                      Mr. Nadeem Shama a/w. Adv. Sidharth Sedhadri i/by PAN India
                      Legal Services LLP for the Appellant/Applicant.
                      Mr. Sameer Pandit a/w. Adv. S. Khambati, Adv. Aastik Agarwal
                      i/by Wadia Ghandy & Co. for Respondent Nos.1 and 2.
                                                  _______________________
                                                               CORAM : KAMAL KHATA, J.

DATED : 7TH NOVEMBER 2025.

P.C. :

1. Learned Advocate for the Appellants, on instructions, makes a statement before this Court that the Appellants shall not obstruct and will permit free access to: (i) the fire exit, (ii) the pump room and (iii) the meter room, of the suit property to the Respondent Nos. 1 & 2 as a pro tem arrangement.
2. It is clarified that the above access is purely as a pro tem arrangement and shall remain operative until the next date. SUMEDH 1/2

NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2025.11.07 19:04:56 +0530 ::: Uploaded on - 07/11/2025 ::: Downloaded on - 08/11/2025 00:36:16 ::: 51-61-asao-499-2024+.doc

3. The Appellants express apprehension that the Respondents may misuse this pro tem arrangement to cause harassment in some manner.

4. To allay such apprehensions, the learned Advocate for the Respondents' states that the Respondents shall not, in any manner whatsoever, misuse such access permitted under this pro tem arrangement to harass the Appellants.

5. The statements made by both Advocates are accepted and recorded as an undertakings to this Court.

6. List the matter on 12th November 2025. INTERIM APPLICATION NO.12735 OF 2025

7. The Learned Advocate for Respondent No.1 agrees to accept service in respect of the Interim Application No. 12735 of 2025, being the power of attorney holder for Respondent No.11.

8. In view thereof, the Interim Application seeking leave to effect service on the Respondent No. 11 stands disposed of in aforesaid terms.

(KAMAL KHATA, J.) 2/2 ::: Uploaded on - 07/11/2025 ::: Downloaded on - 08/11/2025 00:36:16 :::