KANTILAL KHIMJI HARIA Vs. SANYAM REALTORS PRIVATE

JUDGEMENT

(1.) The present Appeal impugns an Order dtd. 12/4/2023 by which the Learned Single Judge has been pleased to dismiss Notice of Motion No. 1361 of 2013 ("the said Notice of Motion") and Interim Application No. 293 of 2022 ("the said Interim Application") taken out by the Appellants - Plaintiffs in Suit No.672 of 2013.

(2.) The Learned Single Judge has in the Impugned Order set out both the broad facts of the case as also the circumstances in which the said Notice of Motion and Interim Application came to be filed. We therefore do not propose to reiterate the same except to the extent relevant for the purposes of deciding this Appeal.

(3.) The Appellants claim to be an Association of Persons ("AOP") engaged in the business of acquiring and developing properties and carry on business in the name Sheetal Realtors. Respondent No.1 ("the Respondent") claims to be the owner of a piece and parcel of land being Plot No. 4, admeasuring about 2477 square meters, situate, lying and being at CTS No.128, 128/1 to 8 Revenue Village and City Survey Ghatkopar, Taluka and Registration Sub-District: Kurla ("the said land") more particularly described in the plaint. It is not in dispute that the said land had various cattle-sheds which were tenanted structures.