MINA SRINIVASAN KRISHNAN Vs. ARUN BHASKAR ADARKAR

JUDGEMENT

(1.) This Appeal under clause 15 of the Letters Patent is directed against the order passed by the learned Single Judge on an Interim Application/Notice of Motion No.1548 of 2011 in the above suit. By the impugned order dated 20th January, 2014, the learned Single Judge has allowed this Notice of Motion and made it absolute in terms of prayer clause (a) thereof. Prayer clause (a) of the Notice of Motion reads as under:

(2.) That was a Notice of Motion which was moved by the Respondentoriginal Plaintiff in the above suit. The Appellants before us are the original Defendants and they are restrained by the temporary order and injunction from entering upon or remaining on the suit flat being flat No.5, Second Floor, Goolestan, 37, (East) Wing, Cuffe Parade, Bombay 400 005, or any part thereof. This flat shall be referred to as the "suit flat".

(3.) The Suit has been filed by the RespondentPlaintiff in the following circumstances:The RespondentPlaintiff filed the Suit No.1173 of 2011 in this Court challenging that he is a senior citizen and is physically handicapped.