GAFOOR ALI HUSSEIN Vs. RAM MAHADIK

JUDGEMENT

(1.) HEARD the respective Counsel for the parties. The applicants original defendants have challenged the judgment and decree passed by the learned Judge, City Civil Court, Bombay dated 24-12-1997 passed in Suit No. 3399 of 1983 filed by the respondents plaintiffs and the First Appeal is admitted as per order dated 16-2-1998.

(2.) IN this application the petitioners have prayed for order of injunction restraining the opponents, their agents from disturbing or interfering in any manner in respect of the use and occupation of the applicants in respect of the suit shed. In view of the decree the applicants-defendants are directed to hand over possession of the suit premises in favour of the plaintiffs.

(3.) THE Trustees of the Nagarik Sahayya Kendra, a registered Public Trust have instituted a suit in the month of April, 1983 against the applicants defendants and sought for possession of the suit premises on the ground that the applicants defendants have trespassed over the property. On behalf of opponents plaintiffs and affidavit in reply is filed by the Trustees and Secretary of the Trust giving details about filing a proceeding for recovery of possession from the defendants and opposed the prayer of stay as prayed for by the applicants and prayed for dismissal of the application.