M/S. Benzer And ORS. v. Mr. Sudhir K. Thackersey And ORS.

caf2357 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2357 OF 2015 IN FIRST APPEAL NO.1027 OF 2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.L.Palan a/w Ms Devyani Wanjara i/b M/s.B.R.Oza & Co. for the Applicants Mr.Karl Shroff a/w Swapnil Gupte i/b Hariani & Co. for the Respondent Nos.1,2,4 and 5.

Mr.A.Carneiro i/b M/s.Mulla & Mulla & Cragie Blunts Caroe for respondent Nos.6,7,11,12 and 15 CORAM : A.S.OKA, & G.S.PATEL,JJ.

DATE : NOVEMBER 24, 2015.

P.C.

The learned counsel for the respondent Nos.6,7,11,12 and 15 on instructions states that the respondent No.6 is in possession of the property subject matter of the appeal. On instructions, he states that the respondent No.6 shall not create any third party rights in respect of the property subject matter of the appeal and shall not induct any third party in the property which is the subject matter of the appeal without leave of the Court. We accept the said

caf2357 statement.

The learned counsel for the applicant does not dispute that the respondent No.6 is in possession of the property in question.

Prayer clause (a) is already rejected. We accept the statements made on behalf of the respondent No.6. In view of the said statements, it is not necessary to grant prayer clause (b).

Civil application is accordingly disposed of. Hearing of the appeal is expedited.

(G.S.PATEL,J.) (A.S.OKA,J.)