Mr Balkrishan Swarupji Dave, Proprietor Of M/S. Siddhivinayak Textiles v. Mr Sanjay Maneklal Gandhi

CRA327&328_16.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.327 OF 2016 WITH CIVIL APPLICATION NO.389 OF 2016 IN C.R.A.NO.327 OF 2016 ALONG WITH CIVIL REVISION APPLICATION NO.328 OF 2016 WITH CIVIL APPLICATION NO.390 OF 2016 IN C.R.A.NO.328 OF 2016 Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Udayan S. Jain with Ms Grishma Lad and Mr. Swapnil Narkar for Applicants.

Mr. Sunil Mogre for Respondents.

CORAM : R. G. KETKAR, J.

DATE : 27TH JUNE, 2016 P.C.:

Heard Mr. Jain, learned Counsel for applicants and Mr. Mogre, learned Counsel for respondents.

2.

Mr. Jain states that applicants are in possession of the suit premises. They have not created third party interest and not parted with possession of the suit premises. They will hereafter neither create third party interest nor part with possession of the suit premises.

3.

In view thereof, subject to applicants neither creating third party interest nor parting with possession of the suit premises, there shall be ad-interim order in terms 1/2

CRA327&328_16.doc of prayer clause (b) in C.R.A.No.327 of 2016. 4.

List the Applications for 'admission' on 19.07.2016, H.O.B. In the meantime, call for R & P. Office will ensure that before the next date of hearing, R & P is received and parties are expected to take inspection of the record. Parties are put to notice that subject to the time constraint and convenience of the Court, applications will be disposed of finally on that date.

5.

Civil Application No.389 of 2016 in C.R.A.No.327 of 2016 and Civil Application No.390 of 2016 in C.R.A.No.328 of 2016 do not survive in view of granting of ad-interim relief in terms of prayer clause (b) of C.R.A.No.327 of 2016 and the same are disposed of accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2