Disposed

Jayshridevi Ban and Ors. v. Municipal Corpn. Gr. Bobay and Ors.

Bombay HC3 Nov 2009S/1268/1979

Case brief

AI extract

What is this about?

The High Court granted an interim stay on the operation of an order passed by a coordinate bench for 12 weeks. The stay was enforced from the date parties received the previous order due to service delay, maintaining status quo on the suit property.

What did the court decide?

Operation of the previous order stayed for twelve weeks from January 13, 2010; parties directed to maintain status quo as of November 3, 2009.

Jayshridevi Ban and Ors. Vs Municipal Corpn… — Civil Procedure and Limitation | Bombay HC (2009)

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I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 27 OF 1979

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M/s. Dastan Private Ltd. .. Plaintiffs V/s. Jaishridevi Ban & Ors. .. Defendants

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WITH SUIT NO. 1268 OF 1979

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Jayashri Devi Baan & Anr. .. Petitioners V/s. Municipal Corporation of Greater Bombay & Ors. .. Defendan ts ....

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Mr. Praveer Diwan a/w. Ms. Nina Kapadia i/b. Pandya Gandhi & Co. for the Plaintiffs in Suit No. 27 of 1979 and Defendant Nos. 2, 4 to 6 in Suit No. 1268 of 1979.

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Mr. C. P. Patel i/b. Dadhich & Dadhich Co. for the Plaintiff in Suit No. 1268 of 1979 and Defendant Nos. 1 and 2 in Suit No. 27 of 1979.

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Zubin Behramkomdin a/w. Ms. Swati Deshpande i/b. FZB Associates for Defendant Nos. 1 and 3 in Suit No. 5259 of 1979.

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CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 19, 2010.

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P.C.:-

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Not on board. Mentioned, taken on board.

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In the above suits, an order dated 3rd November, 2009 is passed by this Court (Coram : A. M. Khanwilkar, J.) Sub clause

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iv of the operative part of the order reads as under :

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" At this stage, Counsel for the Auction Purchasers/Plaintiffs, pray that the operation of this Judgment be kept in abeyance for a period of twelve weeks from today to enable them to carry the matter in Appeal, if so advised. In the circumstances, operation of the order is stayed for twelve weeks from today. In other orders, parties shall maintain status quo as of today in relation to the suit property for a period of twelve weeks from today. Ordered accordingly."

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The parties have received an ordinary copy of this

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order only on 13th January, 2010. They have therefore submitted that the operation of the order be stayed for a period of 12 weeks and parties be ordered to maintain status-quo as on the date of the order in relation with the suit property. Since the learned Judge who has passed the order is currently presiding over the Bench at Aurangabad, the Application is made before this Court. Accordingly the operation of the order is stayed for 12 weeks from 13th January, 2010 and parties shall maintain status-quo as on the date of the order i.e. 3rd November, 2009 in relation to the suit property.

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[ S. J. KATHAWALLA, J. ]

Jayshridevi Ban and Ors. v. Municipal Corpn. Gr. Bobay and Ors.

Case brief

What is this about?

What did the court decide?

Jayshridevi Ban and Ors. v. Municipal Corpn. Gr. Bobay and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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