PREMIER AUTOMOBILES LTD Vs. SHAIKH JALALUDDIN

JUDGEMENT

(1.) RULE. BY consent of parties rule made returnable forthwith. Mr. Tulzapurkar deletes the name of Respondent No. 1. By consent of the counsel appearing for the parties the petition is being disposed off finally.

(2.) THIS is a petition by original defendant challenging the order passed on Interim Notice No. 3409 of 1988 in Appeal No. 60 of 1986 in R. A. D. Suit No. 1464 of 1979 whereby the notice was dismissed on 4th December, 1992.

(3.) FEW facts which are relevant for the purpose of this petition are that one Kallu Changu alias Amiruddin Karim Ashraff filed Suit No. 1464/79 praying for an order and decree upon the defendant to restore the suit premises on the land admeasuring an area of 20' x 20' situate at Bungalow, P. A. Colony Premier Automobiles Ltd, Kurla demolished by the defendant on 5th december, 1975, for an order and permanent injunction restraining the defendants, servants and agents from parting with the suit land and/or putting up any other structure thereon and from parting with the suit land and from parting thereof to any other person.