PREMAVATI KRISHNA NAIK Vs. VINAYAK GOVIND KAMAT

JUDGEMENT

(1.) HEARD Mr. Lotlikar learned Senior Counsel for the petitioners and Mr. Sardessai learned counsel for the respondents.

(2.) RULE. By consent, heard forthwith.

(3.) AS far as order dated 31/1/2009 is concerned, the same does not disclose the portion of the property bearing survey no.41/1 in respect of which the injunction order stood modified. It is well settled that when a party seeks injunction in respect of a portion of the property bearing a particular survey number, the portion has to be clearly identified, before the Court grants any relief in favour of the party. While modifying the order dated 22/10/2008, the lower Appellate Court has not identified the portion of survey no.41/1. Without going into the merits of the rival submissions on this sole ground I am inclined to set aside the order dated 31/1/2009 and remit the matter to the Lower Appellate Court for fresh decision.