Mr. Nazir Ahmed Mohd. Islam Shah And Others v. Iqbal Mohammed Akeel Shah And Others

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2023.02.13 19:53:05 +0530 PRAJAKTA SAGAR VARTAK 910-ao 92-23@ia 1288-23.odt Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 92 OF 2023 IN NOTICE OF MOTION NO. 3175 OF 2015 WITH INTERIM APPLICATION NO. 1288 OF 2023 Nazir Ahmed Mohd. Islam Shah & Ors.

..Appellants Vs.

Iqbal Mohammed Akeel Shah & Ors.

..Respondents __________ Mr. Rahul Kedar with Mr. Nikhil Mishra and Mr. Danish Merchant for Appellants.

Mr. Suresh More for Respondents.

__________ CORAM :

G.S. KULKARNI, J.

DATE :

FEBRUARY 10, 2023 P.C.:

1.

Learned counsel for the appellants/plaintiffs states that the appellants/plaintiffs intend to file a review application. 2.

Let the appellants/plaintiffs file a review application as it is contended that the order appointing the Court Receiver cannot be passed under the rules. To enable the appellants/plaintiffs to take appropriate steps in that regard, the Court officer as appointed shall not take steps within a period of six days from today.

------------------------- 10 February, 2023

910-ao 92-23@ia 1288-23.odt 3.

All contentions of the appellants/plaintiffs on any proposed application are expressly kept open.

4.

Disposed of in the above terms. No costs.

5.

The protection for six days is not reflection on the merits of the rival contentions of the parties. The learned trial Judge shall take into consideration all contentions of the parties and pass an appropriate order on proposed application, if any filed by the appellants/plaintiffs on its own merits.

[G.S. KULKARNI, J.] ------------------------- 10 February, 2023