KIRAN J. CHOKSI Vs. SUMERMAL MISHRIMAL BAFNA

JUDGEMENT

(1.) Heard. For the sake of brevity parties will be referred to as per their nomenclature in the suit i.e. Applicant in Civil Application No.1404/2019 and Respondents in Civil Application No.2067/2018 as the Plaintiff No.2b / Plaintiffs and - Applicants in Civil Application No.2067/2018 and the Respondent in Civil Application No.1404/2019 as Defendants.

(2.) By Civil Application No.1404/2019 the Plaintiff No.2b is seeking stay of clause 2 of the impugned judgment and decree dated 19.01.2018 passed by the Bombay City Civil Court in Suit No.7574/1981, injunction restraining the Respondent Defendant from changing the nature of the suit property i.e. carrying out any demolition or construction activities and restraining the Defendants or their agents, employees or attorneys from creating any third party rights or parting with possession in respect of the suit property. The Plaintiffs are also seeking direction against the Defendants to deposit in the court an amount calculated as per the price/rate notified in the Ready Reckoner for the suit property or the area in which the suit property is situated on the basis of the FSI as on the date of final order as a condition for staying the execution and operation of the decree. Following prayers are made in Civil Application No.1404/2019.

(3.) The Civil Application No.2067/2018 is preferred by the Defendants for stay of the operation and implementation of the impugned judgment and decree dated dated 19.01.2018 passed by the learned Bombay City Civil Court in Suit No.7574/1981 (H.C.suit No.2123/1981). Following prayers are made by the Defendant in Civil Application: