GIRDHARILAL DINDAYAL AGARWAL & ANR. Vs. M/S. SARVODAYA BUILDERS PVT. LTD. & ORS.
HIGH COURT OF BOMBAY
Girdharilal Dindayal Agarwal And Anr.
M/S. Sarvodaya Builders Pvt. Ltd. And Ors.
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(1.) This appeal is directed against the judgment and decree dated 9 June 2003 in S. C. Suit No. 3667 of 1989 made by the learned City Civil Court at Bombay (impugned judgment and decree).
(2.) The appellants are the original defendants and the respondent no. 1 is the original plaintiff in S.C. Suit No. 3667 of 1989, in which, the impugned judgment and decree came to be made on 9 June 2002. Therefore, for sake of convenience, the appellants shall be referred to as the defendants and the respondent no. 1 shall be referred to as the plaintiff. This is the description of the parties before the learned trial court.
(3.) In the plaint, the suit property has been described as plot of land bearing Survey No. 5A, Hissa No. 1, Survey No. 58, CTS Nos. 1 and 2 to 1/18 of Kurar Village admeasuring 10570.40 sq. meters or thereabouts situate at Datta Mandir Road, Malad (East), Mumbai 400097. In the plaint as originally instituted, the plaintiffs had applied for the following main relief :
"(a) That the defendants by themselves, their servants, agents, representatives and any other persons claiming through them be permanently restrained by an order and injunction of this Hon'ble Court from disturbing and entering or trespassing and/or encroaching upon and/or interfering with the Plaintiffs' exclusive use, occupation, possession and enjoyment of the said plot of land bearing Survey No. 5A, Hissa No. 1, Survey No. 58, C.T.S. Nos. 1 and 2, 2 (1-18) of Kurar Village admeasuring 10,570.40 sq. mtrs. or thereabouts situate at Datta Mandir Road, Malad (East), Bombay 400097; or taking any steps which may amount to encroachment and/or trespass in any manner whatsoever." ;
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