High Court of Bombay stays operation of impugned order. Appellants directed to file undertaking not to create third-party rights or harass respondents in possession of property.
Stay of impugned order and direction to file undertaking regarding no third-party creation or harassment.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3521 OF 2005
IN
APPEAL NO.1028 of 2005
IN
NOTICE OF MOTION NO. 3405 OF 2004
IN
SUIT NO. 3343 OF 2004
Sylvia J.Serrao & others .. Appellants/
Applicants
versus
Antonio Jon Serrao & others .. Respondents
Mr.Milind Vasudeo i/b Mr Y.R.Shah for the Appellants/
Applicants.
Mrs.Nipa K.Singh i/b M/s. M.Menon & Co. for the
Respondents.
CORAM : R.M. LODHA AND
D.G. KARNIK, JJ
DATED : 22nd November 2005.
P.C.:
Heard.
2. Until further orders, the operation of the
impugned order shall remain stayed.
3. The appellants - applicants are, however,
directed to file an undertaking before this Court
within two weeks from today, that they shall not
create any third party right or interest in the
premises in their occupation and shall not create any
nuisance nor shall harass the respondents in any
manner in enjoyment of the portion of the property in
their possession.
(R.M. LODHA, J)
(D.G. KARNIK, J)
1 issue framed by the court
Whether conditions should be imposed to prevent the appellants from creating third-party rights or causing nuisance in the premises.
Sylvia J.Serrao & others
Antonio Jon Serrao & others
R.M. LODHA
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court