Common order disposing of Notices of Motion by flat purchasers (Defendants) in a title dispute suit, allowing ad interim advoantages regarding written statements, while noting agreement against adjournment.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3436 OF 2007
WITH
NOTICE OF MOTION NO.3425 OF 2007
WITH
NOTICE OF MOTION NO.3933 OF 2007
WITH
NOTICE OF MOTION NO.242 OF 2008
IN
SUIT NO.1570 OF 1983
Virgina Anthony Misquitta
& Ors. ..Plaintiffs.
Vs.
Smt.Shailaja Bistesh Sagar
& Ors. ..Defendants.
Mr.Kapil Moye with Mr.Prashant Ghalani
i/b.M/s.Markand Gandhi & Co. for the Plaintiffs.
Mr.Snehal Shah with Ms.K.M.Shah i/b.M/s.Pandya
Gandhi & Co. for Defendant Nos.4 to 49.
CORAM : S.J. VAZIFDAR, J.
DATED : 30TH JANUARY, 2008
P.C. :
The above Notices of Motion have been taken out
by various Defendants for the same reliefs. The
same are therefore disposed of by a common order.
2. Defendant Nos.4 to 49, some of whom have taken
out the above Notices of Motion are the flat
purchasers. They have entered into an agreement
allegedly before the filing of the suit. They were
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impleaded subsequently. It is true that they had
agreed not to apply for an adjournment of the suit.
3. However, in view of what is stated in the
affidavit in support, the above Notices of Motion
are made absolute in terms of prayer (a).
4. The written statement of the Defendants who have
tendered the same, are taken on record subject to
each of them paying to the Plaintiffs the costs
fixed at Rs.1000/- within four weeks from today.
Virgina Anthony Misquitta
Smt.Shailaja Bistesh Sagar
S.J. VAZIFDAR
As recorded by the court registry
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