Dilip Chunilal Mistry And ANR v. Pratap Nanalal Mistry, And ORS

28-AOST21295-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 21295 OF 2017 Dilip Chunilal Mistry & Anr ...Appellants

Versus

Pratap Nanalal Mistry & Ors

...Respondents

Mr SN Vaishnav, a/w Nupr J Mukherjee, Kirtika S Kothari, i/b NN Vaishnawa & Co, for the Appellants.

Mr Sunil Patel, i/b M/s. Sunil & Co, for the Respondents. CORAM: G.S. PATEL, J DATED:

31st July 2017 PC:- 1.

The appeal can be disposed of by keeping open all rival rights and contentions in respect of the properties involved. The fact that some properties are in the names of one or more of the defendants or that transfers have been effected in their names in the property card or in the municipal records will not prejudice the plaintiffs in the suit since the suit seeks a declaration of rights. No further clarification is required.

2.

The appeal is disposed of in these terms. The suit and further proceedings will be decided on their merits uninfluenced by the observations in the impugned order.

31st July 2017

28-AOST21295-17.DOC 3.

It goes without saying that all transfers effected are subject to the final orders in the suit.

(G. S. PATEL, J) 31st July 2017