Rays House Co-Operative Housing Society Limited And ORS v. Mrs. Hema Daljit Chadha

(28) AO 832-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 832 OF 2016 Rays House Co-operative Housing Society Ltd. & Anr. .. Appellants Vs.

Mrs. Hema Daljit Chadha & Ors.

.. Respondents WITH CIVIL APPLICATION NO. 1037 OF 2016 IN APPEAL FROM ORDER NO. 832 OF 2016 Mr. J. S. Reen, The Chairman Rays House Co-operative Housing Society Ltd. & Anr. .. Applicant In the matter between Rays House Co-operative Housing Society Ltd. & Anr. .. Appellants Vs.

Mrs. Hema Daljit Chadha & Ors.

.. Respondents Mr. Rajesh G. Singh i/b Legal Liaisons for the Appellant/Applicants. Mr. S. K. Sonawane for the Respondent Nos.2 to 4. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 6 th SEPTEMBER, 2016.

P. C. :

1.

Heard learned counsel for the appellants and respondent. 2.

This appeal is preferred by original respondent Nos.4 to 7, Co-operative Housing Society challenging the order dated 03.08.2016 passed by the City Civil Court at Dindoshi, Mumbai thereby allowing the ad interim relief as claimed by the plaintiff in Suit No.2094 of 2016 thereby restraining the Municipal Corporation from implementing its order dated 1/2

(28) AO 832-16 21.07.2016 till the decision of the Notice of Motion. 3.

It is submitted that the appellants and respondent-Corporation have yet not filed reply to the said Notice of Motion. In view thereof, it would be just and proper to direct the parties to go and agitate and proceed with with the hearing of the Notice of Motion itself before the Trial Court after raising their respective contentions in their reply to the said Notice of Motion.

4.

As to the grievance of the learned counsel for the appellants that the Trial Court has already expressed its opinions, needless to state that those opinions or views expressed by the Trial Court will influence or sphere the Trial Court at the time of deciding the Notice of Motion. All the contentions of all the parties are left open to be decided by the Trial Court at the time of deciding the Notice of Motion. Both the parties are directed to appear before the Trial Court on the fixed date i.e. on 10.10.2016 and to file their reply to the Notice of Motion. The Trial Court to decide the Notice of Motion as early as possible before 30.10.2016. 5.

In view of the above directions, the Appeal is disposed of accordingly.

6.

In view of the disposal of the appeal, the civil application does not survive and disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2