Huseinmiya Abdul Ajiz Tol v. Abdulla Abdul Ajiz Tol And ORS

3 WP 12280 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12280 OF 2016 Huseinmiya Abdul Ajiz Tol ...

Petitioner V/s.

Abdulla Abdul Ajiz Tol and ors ...

Respondents Mr. Chidambar G. Gavnekar, a/w Mr G.S.

Hiranandani and Mr. Ashutosh C. Gavnekar, for the Petitioner.

Mr. Omkar Warange, for the Respondent Nos. 1 to 5.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 20th MARCH, 2018.

P.C. :

1] Heard learned counsel for the petitioner and learned counsel for respondents.

2] By this petition filed under Article 227 of the Constitution of India, the petitioner is challenging the concurrent finding of the fact recorded by the trial Court and confirmed by the Appellate Court, in respect of application for interim relief filed at Exh.5, which came to be dismissed by both the Courts.

3] This Court by order dated 24th August, 2015, directed both the parties to maintain status quo on site. Considering that the suit is 1/2

3 WP 12280 OF 2016.odt of the year 2015 and both the parties are ready to proceed with expeditious hearing of the suit and they have no objection to continue the order of status-uo granted by this Court, till disposal of the suit. 4] In view thereof, the writ petition is disposed off with direction to the trial Court to decide the suit as expeditiously as possible.

5] The order of status quo to continue till disposal of the suit. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2