Disposed
Vijaya Manohar Sheth and Anr. v. Pramod Pitamber Sheth and 7 Ors.
Bombay HCNMS/3142/2009
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY ORDINARY…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3142 OF 2009
IN
SUIT NO. 1234 OF 2008
Vijaya Manohar Sheth & Anr....Plaintiffs
Vs.
Pramod Pitamber Sheth & Ors....Defendants
Mr.J.S. Kini i/b. Suresh Dubey for Plaintiffs
Mr. P.B. Shah for Defendant Nos.1 to 3
CORAM: V.M. KANADE J.
DATED: 25TH SEPTEMBER, 2009
P.C.
1.I am informed by the Learned Counsel appearing on
behalf of the Defendants that an appeal has been filed
by both the parties against the ad-interim order
passed by the learned Single Judge in the Notice of
Motion taken out by the Plaintiffs and in the said
Appeal, order of status quo has been passed by the
Appellate Court. The learned Counsel submits that since
the appeal is still pending, the present Notice of
Motion is not maintainable. He submits that if any
orders are passed by this Court in this Notice of
Motion, it would result in modification of the interim
order passed by the Appellate Court.
2.In my view, there is much substance in the
submission made by the learned Counsel appearing on
behalf of the Defendants. It is an admitted position
that the appeal filed by both the Plaintiffs and the
Defendants against the interim order passed by ths
Court is pending in appeal and interim order has been
passed in the said appeal. In this view of the matter,
no orders can be passed at this stage. Needless to
say that the Plaintiffs are entitled to apply for an
appropriate reliefs before the Appellate Court.
Hearing of the Suit is expedited.
3.Notice of Motion is disposed of.
(V.M. KANADE J.)
Vijaya Manohar Sheth & ors.
Pramod Pitamber Sheth & ors.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court