-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.5055 OF 2007 APPLICATION NO.5055 OF 2007 APPLICATION NO.5055 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2368 OF 2007 APPEAL NO.2368 OF 2007 APPEAL NO.2368 OF 2007 1.Smt.Shubada Purshottam Juvekar 2.Ketan Purshottam Juvekar 3.Gandhar Purshottam Juvekar 4.Deepa w/o Ketan Purshottam Juvekar ...Applicants vs. Mrs.Surekha Suresh Juvekar ...Respondent Ms Aparna Murlidharan h/f Mr.P.G.Lad for the Applicants Mr.S.V.Ambekar for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 : FEBRUARY 29, 2008 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. The learned counsel for the Applicants has invited my attention to the statement of the Applicants recorded on 22nd June 1993 in a Notice of Motion No.2611 of 1993 taken out in Short Cause Suit No.3081 of 1993. The learned Counsel for the Applicants on instructions of the Applicants states that the aforesaid statement will continue to operate till the disposal of the Appeal. The said statement reads thus: . Mr.Lad makes a statement on behalf of the Defendants that the defendants will not prevent the plaintiff from entering or using the room of worship where the deity are kept (that is Devghar) and that the defendants will also -2- not enter the said room. He further makes a statement that the defendants will not carry out any construction, additions, or alterations on the terrace of the suit premises. He says that the defendants will abide by this statement till the disposal of the Notice of Motion without prejudice the rights and contentions of the defendants..." 2. The statement is hereby accepted. 3. In view of the aforesaid statement, a case is made out for grant of stay as prayed in this application. Accordingly, the application is allowed in terms of prayer clause (a). 4. In case the Applicants commit any breach of the aforesaid statement, it will be open for the Respondent to apply for vacating the order of stay. JUDGE JUDGE JUDGE