IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL (LODG) NO. 160 OF 2008 (LODG) NO. 160 OF 2008 (LODG) NO. 160 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 3869 OF 2007 OF MOTION NO. 3869 OF 2007 OF MOTION NO. 3869 OF 2007 IN IN IN SUIT SUIT SUIT NO. 2878 OF 2007 NO. 2878 OF 2007 NO. 2878 OF 2007 Durgadas Udasin Baba ] .. Appellant (Org.Def.No.1) Versus 1. Meenal Enterprises & 3 ors. ] .. Respondents (Org.Pltff. & Org Deft.Nos.2 to 4) Mr. K.P. Anilkumar for the appellant. Mr. M.M. Vashi i/b M/s.M.P. Vashi & Associates for the respondents. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 04TH SEPTEMBER, 2008 P.C. : 1. Heard learned counsel for the appellant. 2. It appears that the predecessor in title of the defendant No.1, who is the appellant in this appeal, has accepted the title of the plaintiff-respondent in a suit filed in the City Civil Court being S.C. Suit No.6466 of 1995. Thereby, the appellant is only entitled to protect the property consisting of 1700 square yards. Rest of the property is admittedly of the : 2 : respondents. 3. These are observations made only at the interlocutory stage. No interference is called for. Appeal is rejected. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]