: 1 : rp a FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 681 OF 2008 FROM ORDER NO. 681 OF 2008 FROM ORDER NO. 681 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 3160 OF 2007 OF MOTION NO. 3160 OF 2007 OF MOTION NO. 3160 OF 2007 IN IN IN S.C.SUIT S.C.SUIT S.C.SUIT NO.3859 OF 2006 NO.3859 OF 2006 NO.3859 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------------- Mr.A.G.Damle i/b.Smt. Bharti J.Singh for the Appellants. Mr.Denzil D’mello for the Respondent. CORAM CORAM CORAM : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. DATED DATED DATED : 10TH OCTOBER, 2008. : 10TH OCTOBER, 2008. : 10TH OCTOBER, 2008. P.C. P.C. P.C. :- :- :- . This Appeal from order is against the order rejecting the Appellant/Defendants application under order VII, Rule 11 of the Code of Civil Procedure on the ground that this suit is barred by res-judicata. It was contended that in a earlier suit being S.C.Suit No.1829 of 1973 a decree was passed : 2 : in terms of prayer clause ‘a’ whereby the Appellants who are the Defendants therein were restraining by a mandatory order and permanent injunctions from interfering with the possession, use and occupation of the property of Plaintiff No.1 therein. 2. The learned counsel appearing on behalf of the Appellants was not willing to make a statement that the said decree would operate in favour of the Appellants herein who is the assignee and not a servant or agent of the Plaintiffs in the earlier suit. In this circumstances, the Trial Court rightly rejected the Application which was based on the ground of res-judicata. 3. The Appeal from order is, accordingly, disposed of. (S.J.VAZIFDAR, (S.J.VAZIFDAR, (S.J.VAZIFDAR, J.) J.) J.)