GAJANAN CHINTAMAN GUJAR Vs. APARNA SHANKAR GUJAR

JUDGEMENT

(1.) Admit. Respondent Nos.1 and 2, who are Plaintiffs in the suit and contesting parties, are served and represented by an advocate. With the consent of the learned advocates appearing for the parties, the appeal is taken up for final hearing.

(2.) By this appeal, Appellant challenges order dtd. 15/11/2021 passed by the City Civil Court rejecting Notice of Motion No.3946 of 2019. The motion was filed by the Appellant, who was defendant No.1 in the suit, for setting aside ex parte order dtd. 16/11/2016 and ex parte decree dtd. 16/12/2017 passed by the City Civil Court in S. C. Suit No.4818 of 2011 against the appellant, who was the sole defendant in the suit originally filed. During pendency of the suit, Respondent No. 3 was impleaded as defendant No.2 to the suit. Since the Society (Defendant No. 2/Respondent No. 3) is not a contesting party, Appellant is referred in the present order as Defendant and Respondent Nos. 1 and 2 as Plaintiffs.

(3.) In their suit, Plaintiffs sought a declaration that they are absolute owners of suit premises bearing Room No.205, Building No.2, Vighneshwar Housing Co. Op. Society Ltd., Sambhaji Nagar, S. N. Marg, Andheri East, Mumbai 400069 and that the Defendant and his family members did not have right, title or interest therein. As an alternate prayer, Plaintiffs sought a declaration that they have a right to reside in the suit premises alongwith the defendant on payment of 50% society charges. Relief of injunction was also sought against the defendant from alienating or creating third party rights in the suit premises.