RUSY NOSHIRVAN MODY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioners have made diverse prayers. However, the learned Counsel for the petitioners has pressed only two prayers prayer (a) (i) of the petition prayed that the interim order dated 15-6-96/16-6-96 passed by this Court be continued to enable the petitioners to complete the fencing in the facts and circumstances of the case. Prayer (a) (i) reads as under:

(2.) FIRST we shall give the relevant pleadings of the parties.

(3.) THE petitioners have averred that the petitioner No. 1 is carrying on business in the name and style mentioned in the title and the petitioner No. 2 is a Constituted Attorney of petitioner No. 1. It is stated that land bearing Plot Nos. 94, 96, 97, 105,106, 107 and 110 situate at Mazgaon Tank Bunder Estate, (Reay Road) belong to the Bombay Port Trust. Certain structures have been constructed thereon by petitioner No. 1 for the purpose of the business of petitioner No. 1. Petitioner No. 1 carries on business in timber and also running a Saw Mill. Respondents Nos. 4 to 18 whose names are given in Exhibit "b" to the petition used to store timber in a part of the structures. The disputes are going on between the petitioners on the one hand and the respondents Nos. 4 to 18 on the other. Suits have been filed and pending in the Bombay City Civil Court and the Small Causes Court, Bombay. Similarly, Appeals against some orders passed in those suits are pending in this Court.