ROHIT S THAKKAR & ORS. Vs. SUNIL OMPRAKASH AGARWAL

JUDGEMENT

(1.) This appeal arises from the judgement and order dtd. 1/3/2024 passed by the Hon'ble City Civil Court, Bombay, whereby the learned Judge was pleased to allow the Notice of Motion filed by the Respondent No.1 (original Plaintiff) restraining the Appellant - society from interfering with the possession of Respondent No.1.

(2.) Mr. Rajesh Kachare, learned Advocate for the Appellant, invites my attention to paragraph xviii at page 26 of the Plaint, which reads as under:

(3.) A plain reading of the aforesaid paragraph indicates that no structure existed in the society compound on the date of filing of the suit.