1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 834 OF 2008 Suresh Gopilal Agarwal & anr.......Appellant. versus Manoj Suresh Agarwal & anr........ Respondents. Mr. S.P. Srivastav for the Appellant Ms. Kokila Kaira for the Respondent. CORAM; A.P. DESHPANDE, J. DATED; 29TH AUGUST, 2008. P.C.: 1. This appeal is directed against the order passed by the City Civil Court rejecting an application moved by the applicants/appellants seeking injunction against the respondent with a view to prevent them from entering plaintiff's flat. 2. Heard the counsel for the appellant so also the respondent. It is undisputed that the present appellants are in possession of the flat in question situated at Bandra. The Plaintiffs are the owners and in possession of the flat at Bandra. 2 The Plaintiffs are the parents of respondent no.1 whereas the respondent no.2 is the wife of respondent no.1. It is an admitted fact that the respondents are residing at Belapur with the respondent no.2's brother, who is said to be looking after them. The learned counsel appearing for the respondent make a categorical statement that the respondents have no intention to enter into the flat at Bandra which is possessed by the present appellants. In this view of the clear statement, the apprehension of the plaintiffs/appellants that their possession would be disturbed by the respondent is ill founded. I accept the statement made by the learned counsel for the respondent that the respondent will not interfere with the Plaintiff's possession of the property at Bandra. With this statement, the appeal stands disposed of. 3. At this stage the learned counsel for the respondent submits that the belongings and articles of the respondent no.2 are very much lying in the flat and she proposes to remove the said articles in regard to which there is no dispute. The learned counsel for the appellant on instructions from his client who is present in the court states that the appellant has no objection if the respondent no.2 carries her belongings and articles whatever are still left in the flat at Bandra. It is suggested that the advocates for the appellants so also the respondents would 3 accompany the second respondent when she approaches the appellant for collecting the articles. The time would be decided by the advocates in consultation with their clients. The appeal thus stands disposed of. (A.P. DESHPANDE, J.)