The High Court of Bombay disposed of an appeal against an ad-interim injunction, granting liberty for parties to proceed before the Single Judge without examining merits.
All parties granted liberty to proceed before the learned Single Judge and pray for early disposal of the Notice of Motion.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 110 OF 2009
FROM
NOTICE OF MOTION NO. 355 OF 2009
IN
SUIT NO. 95 OF 2009
SEsufali Gulamhusein Bandukwala Wakf
& Ors. .. Appellants
(Orig.Defendants)
Versus
Murtuza Shaikh Kayamali Pardawala
& Ors. ..Respondents
(Orig.Plaintiffs)
Mr. Kevic Setalvad ith Mr. Siddhartha Srivastava,
Mr.Umang Jaju i/b. D.H.Law Associates for the
appellants.
Mr.R.S.Desai i/b. Kunal Bhanage for respondents.
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CORAM: SWATANTER KUMAR,C.J. &
DR. D.Y.CHANDRACHUD,J.
DATED: 25th March, 2009.
P.C.
1. The learned Counsel appearing for the
respondents submits that there are certain errors
apparent on the face of the record in the order under
appeal and he wanted to move the learned Single Judge
for certain corrections which he did not make because
of the pendency of the present Appeal. The learned
Counsel appearing for the appellants submits that it is
an ad-interim injunction and the Notice of Motion is
still pending before the Court for final disposal.
2. The learned Counsel appearing for the
appellants makes a statement that for a short duration
they do not have plans to sell the second plot.
However, the first plot has already been sold and
transferred.
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3. In view of the statements made by the learned
Counsel appearing for the parties, we dispose of this
Appeal with liberty to the parties to take steps before
the learned Single Judge and even pray for early
disposal of the Notice of Motion. We do not wish to
examine the merit or otherwise of the contentions
raised before us while granting liberty to the parties.
The Appeal is disposed of.
CHIEFJUSTICE
DR.D.Y.CHANDRACHUD,J.
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Se Gusalihusein Bandukwala Wakf & Ors.
Murtuza Shaikh Kayamali Pardawala & Ors.
Swatanter Kumar
DR. D.Y. Chandrachud
As recorded by the court registry
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