M/S Ram Nagar Development Corporation And ORS v. Dhirajlal P Desai And ANR

cac-331-333-335-15-(3)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.331 OF 2015 IN CIVIL REVISION APPLICATION ST. NO.15315 OF 2015 M/s. Ram Nagar Development Corporation & Ors. ..Applicants Vs.

Bhavana Textiles & Anr.

..Respondents WITH CIVIL APPLICATION NO.333 OF 2015 IN CIVIL REVISION APPLICATION ST. NO.15299 OF 2015 M/s. Ram Nagar Development Corporation & Ors. ..Applicants Vs.

Dhirajlal Desai & Anr.

..Respondents WITH CIVIL APPLICATION NO.335 OF 2015 IN CIVIL REVISION APPLICATION ST. NO.15304 OF 2015 M/s. Ram Nagar Development Corporation & Ors. ..Applicants Vs.

Dhirajlal Desai & Anr.

..Respondents Mr. K. S. Dewal i/b Mr. J. M. Joshi for the Applicants Mr. Chirag Balsara i/b Negandhi Shah and Himayatullah for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

9th SEPTEMBER, 2015 P.C.

The Learned Counsel for the Applicants in all the above Civil Revision Applications states that the Applicants would not press the above Civil mmj

cac-331-333-335-15-(3) Revision Applications / Civil Applications at this stage but would raise the issue raised in the above Civil Revision Applications in the Appeal / Appeals that would be filed if the decree ultimately goes against the Applicants. The Learned Counsel appearing on behalf of the Respondent No.1 Mr. Balsara on instructions of Mr. Mukesh Desai the partner of the Respondent No.1, Bhavana Textiles (in Civil Revision Application St. No.15315 of 2015) and the son of Dhirajlal Desai who is the Respondent No.1 in the other Civil Revision Applications, has no objection to the said course of action being followed. The Civil Revision Applications as well as the Civil Applications are accordingly disposed of with liberty to the Applicants to raise the issue that they seek to raise in the above proceedings in the Appeals that would be required to be filed against the final decree.

The Learned Counsel for the Respondent No.1 in each of the above Civil Revision Applications Mr. Balsara states that the Witness of the Plaintiffs Mr. Dhirajlal Desai is more than 87 years of age and therefore seeks expeditious disposal of the Suit on the said ground. In the facts and circumstances of the case, the hearing of the Suit in question is expedited and is directed to be disposed of latest by 31-5-2016. [R.M.SAVANT, J] Certified to be true and correct copy of the original signed order mmj