Miss Tabassum Umer Khatib @ Mrs. Tabassum Rizwani W/O. Shehzad Nasir Khan Rizwani And ANR v. Khatib Mohammed Umar Ali Miya And ANR
ssm 1 18-aost8537.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 8537 OF 2019 WITH INTERIM APPLICATION NO. 2 OF 2019 IN APPEAL FROM ORDER (STAMP) NO. 8537 OF 2019 Miss Tabassum Umer Khatib @ Mrs. Tabassum Rizwani W/o.
Shehzad Nasir Khan Rizwani .....Appellant.
Vs.
Khatib Mohammed Umar Ali Miya & Anr.
.....Respondents.
Mr. Sanjiv Sawant a/w Mr. Abhishek Matkar i/by Himanshu Kode for the Appellant.
Mr. Ashok Pande for the Respondent No.1.
CORAM : A. S. GADKARI, J.
DATE : 11th FEBRUARY, 2020.
P.C.:- By the present Appeal, the Appellant-Original Defendant has impugned Order dated 17th September, 2018 passed in Draft Notice of Motion in Short Cause Suit No. 2434 of 2018, thereby directing the parties to the said Suit to maintain status-quo of title of the Suit flat as on the date of passing of the said Order.
During the course of the arguments, Mr. Sawant learned counsel for the Appellant submitted that, the said Notice of Motion is numbered as 103474 of 2018 and is ready for final hearing. There is a consensus between learned counsel for the 1/2
ssm 2 18-aost8537.19.doc respective parties that, it is necessary to hear the said Motion as early as possible. Mr. Sawant further submitted that, the said Motion is now scheduled for hearing on 26th February, 2020. Mr. Pande, learned counsel for the Respondent No.1 submitted that, he is ready and willing to workout the said Notice of Motion on any date, so fixed by the Trial Court.
In view thereof, the learned Judge, seized of Notice of Motion No. 103474 of 2018 is hereby requested to expedite the hearing of the said Notice of Motion and to conclude the hearing of the same, within a period of four weeks from the date of receipt of this Order. Till the disposal of the said Notice of Motion No.103474 of 2018, ad-interim relief granted on 17th September, 2018 shall continue. Appeal is partly allowed in the aforesaid terms. In view of disposal of Appeal itself, Interim Application No. 2 of 2019 does not survive and are also disposed off. All the concerned to act on the basis of an authenticated copy of this order.
(A.S. GADKARI, J.) by Sanjiv S.
Mashalkar Date:
2020.02.17 17:54:51 +0530 Sanjiv S.
Mashalkar 2/2