LAWS(BOM)-2013-11-156

ASHA DEVELOPERS Vs. ROMELL PROPERTIES PVT. LTD.

Decided On November 28, 2013
Asha Developers Appellant
V/S
Romell Properties Pvt. Ltd. Respondents

JUDGEMENT

(1.) HEARD finally by consent of the parties.

(2.) THE appellants/plaintiffs have challenged order dated 9th July, 2013, passed by the City Civil Court, Dindoshi, thereby rejected the Notice of Motion, for injunction that defendant Nos 1 to 4 (respondents) be restrained from disturbing possession of plaintiff No.1 without following due process of law. A Notice of Motion was also taken out by the contesting defendants for injunction against plaintiffs from carrying out construction of compound wall and/or construction of any nature whatsoever and to remove the gate illegally put up by plaintiff No.1 on the suit land (The property).

(3.) THE appellants purchased the suit property by a registered deed of conveyance dated 24th February, 2011 from appellant Nos 2 to 6 (plaintiff Nos 2 to 6. As alleged, respondent No.1 tried to trespass the property and disturbing the possession, the plaintiffs filed suit No.1307 for necessary declaration and injunction alongwith Notice of the Motion.