M/S Yogesh And Company And ORS v. Mahendra Popatlal Shah And ANR

Devendra 1/2 38-cra-169-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 169 OF 2012 Mahnedra Popatlal Shah ...Applicant Vs.

M/s. Yogesh and Company & Ors.

... Respondents WITH CIVIL REVISION APPLICATION NO. 231 OF 2012 M/s. Yogesh & Company & Anr.

...Applicants Vs.

Mahendra Popatlal Shah & Anr.

... Respondents ......

Mr. Madhav Jamdar for the Applicant in CRA/169/2012 and Respondent in CRA/231/2012.

Mr. Amol P. Mhatre for the Respondent in CRA/169/2012 and Applicant in CRA/231/2012.

......

CORAM

:

G.S. KULKARNI, J.

DATE :

JANUARY 15, 2018.

P.C. :

1.

Heard both the revision applications.

2.

Rule.

3.

Prayer for interim relief is rejected, however, considering the fact that the suit is pending since last 37 years, as also this fact having been recognized in the impugned order dated 13.12.2011 passed by the Trial Court, it is appropriate that the suit ought to be disposed as

Devendra 2/2 38-cra-169-2012.odt expeditiously as possible. In my opinion the interest of justice would be served, if the trial court proceeds to adjudicate the suit and decide the same within a period of four months from today. Order accordingly.

4.

The parties are directed to initially appear before the trial court on 22nd January 2018.

(G.S. KULKARNI, J.)