Bombay High CourtCAA/484/2016dismissed

Imtiaz Ahmed Mohd. Salim Khan v. Parvez Akbar Ali Khan And ORS

2017-03-15Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 1.caa-484.16 wt ors..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.484 OF 2016 in APPEAL FROM ORDER NO.740 OF 2015 Imtiaz Ahmed Mohd. Salim Khan ..

Applicant Vs.

Parvez Akbar Ali Khan & Ors.

Respondents WITH CIVIL APPLICATION NO.970 OF 2015 in APPEAL FROM ORDER NO.740 OF 2015 Imtiaz Ahmed Mohd. Salim Khan ..

Applicant Vs.

Parvez Akbar Ali Khan & Ors.

Respondents WITH APPEAL FROM ORDER NO.740 OF 2015 Imtiaz Ahmed Mohd. Salim Khan ..

Appellant Vs.

Parvez Akbar Ali Khan & Ors.

Respondents --- Mr.Dushyant Purekar for the Applicant.

Mrs.S.H. Rajak i/by Mr.Amar Bhatt for the Respondent nos.1 to 8. Mr.Sagar Batavia h/f Mr.Giri for the respondent no.9. --- CORAM : R.D. DHANUKA, J.

DATE : 15th March 2017 P.C.

By this application, the applicant seeks modification of the order dated 16th December 2015 to the extent that the applicant is allowed to register the Leave and License Agreement dated 16th

ppn 2 1.caa-484.16 wt ors..doc September 2016 between him and Mr.Hukum Narrottamalal Devramji Vyas with Sub Registrar of Assurances or any other concerned authority. 2.

By an order dated 16th December 2015 passed by this Court in Civil Application No.970 of 2015 while admitting the appeal from order filed by the applicant herein in the said civil application, this Court granted ad-interim relief in terms of prayer clause (a) and directed not to create any third party rights in respect of the suit property. The said Civil Application No.970 of 2015 is still pending. No case thus is made out for modification of the order dated 16th December 2015. 3.

Civil application is accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.