KML ESTATES PRIVATE LIMITED Vs. 1A. ZARINE DMONTE

JUDGEMENT

(1.) By consent, it was decided to take up the appeal for final hearing at the admission stage itself.

(2.) Appellant is impugning an order dtd. 23/10/2018 passed by the Learned Single Judge in Notice of Motion no.2250 of 2012, whereby appellant was restrained from acting upon pursuance/ furtherance of the decree dtd. 29/6/1988 and/or the agreement dtd. 9/6/1989 and/or the supplemental agreement dtd. 28/3/1996 and/or the Deed of Conveyance dtd. 17/4/2020 and from developing, constructing upon, alienating, encumbering, parting with possession of, granting any lease, license or tenancy or creating any other third party rights in respect of the land admeasuring 1774.25 sq.mtrs. or thereabouts situate at Saint John Baptist Road, Bandra (West), Mumbai 400050 (the suit property).

(3.) One Darryl D'Monte (original plaintiff no.1), his brother Dr. Brian D'Monte (original plaintiff no.2) and their mother Ena D'Monte (original plaintiff no.3) [all three are dead now and legal heirs are on record] filed Suit No.2335 of 2012. Plaintiff no.1 is now represented by his legal heirs Zarine D'Monte and Samir D'Monte. Dr. Brian D'Monte " original plaintiff no.2 is represented by his legal heir Sunita Cecile D'Monte and name of Ena D'Monte is deleted as her legal heirs are, we are informed, respondent nos.1A, 1B and 2A. These plaintiffs are respondent nos.1, 2 and 3 to the appeal. Original defendant Nos.1 to 6 are respondent nos.4 to 9 in the appeal. Appellant was the original defendant no.7. The interim order is basically causing absolute prejudice to appellant and hence this appeal has been preferred.