Narendra G. Dave (Huf Karta) And ANR. v. M/S. Mark Constructions And ORS.

1 WP 5515-15.doc-907

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5515 OF 2015 Narendra G. Dave (HUF Karta) and Anr.

] ... Petitioners

Versus

M/s. Mark Constructions and Ors.

] ... Respondents Mr. V. K. Gupta for Petitioners.

Mr. Vaibhav Mehta for Respondent Nos.1 and 2. Mr. Jayesh More for Respondent No.3.

Mr. A. T. Bukhari for Respondent No.4.

CORAM :- M. S. SONAK, J.

DATE :- AUGUST 26, 2015 P. C. :- 1.

This petition can be disposed of with the following agreed order :- (a) The Trial Court to frame preliminary issue under Section 9A of the CPC about jurisdiction as directed by the Revisional Court in its order dated 29/04/2015 and further, to dispose of the same within a period of six months from the date of production of authenticated copy of this order.

(b) The Trial Court to consider in accordance with law and on its own merit Petitioners' application for interim relief under Section 9A(2) of the CPC. The learned Counsel for URS

2 WP 5515-15.doc-907 Petitioners states that such application is already pending, but this position is disputed by the Respondents. Accordingly, the Petitioners are at liberty, without prejudice, to make a fresh application under Section 9A(2) of the CPC and the same shall be disposed of by the Trial Court within a period of two months from the date the same is made.

(c) It is made clear that this Court has not examined the merits of the case and therefore all contentions of all parties are left open for decision by the Trial Court. (d) The parties to appear before the Trial Court on 27/08/2015 and apprise the Trial Court of the making of this order.

(e) Writ Petition is disposed of in the aforesaid terms. (M. S. SONAK, J.) URS