Dev Gyan Co-Op Housing Society Limited v. M/S National Building Corporation And ANR

907-ao-1211-2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1211 OF 2010 WITH CIVIL APPLICATION NO.1698 OF 2010 IN APPEAL FROM ORDER NO.1211 OF 2010 Dev Gyan Co-op. Housing Society Ltd.

...Appellant/Applicant

Versus

M/s.National Building Corporation & Anr.

...Respondents

---- Mr.Amol Joshi a/w Sufiyan Shaikh i/b Poorvi Kamani for the Appellant/Applicant.

---- CORAM : M. S. SONAK, J.

DATE : 30 MARCH 2017 P.C.

1.

Mr.Sufiyan Shaikh appears for the appellant-plaintiff. He points out that the appellants Notice of Motion seeking interim reliefs was partly allowed. Aggrieved by the part reliefs which were denied to the appellant, the present Appeal from Order was instituted. On 06 January 2011, this Court, directed the parties to maintain status-quo. Such order, continues till date. Mr.Shaikh points out that the hearing in the suit has concluded and the matter is infact posted for judgment and order on 23 March 2017. He points out that the no judgment and order was passed on the said date and presently, he is not aware of the next date. 2.

On 06 January 2011, this Court made the following N.S. Kamble page 1 of 2

907-ao-1211-2010 order :- "Learned counsel for the respondent states that cross appeal has been filed by him and therefore prays for an adjournment by two weeks. Two weeks time is granted. Learned counsel for respective parties agree that until further orders parties shall maintain status-quo as of today."

3.

The aforesaid order is in operation since 06 January 2011. The hearing in the suit is stated to have concluded. The interests of justice would therefore be met if the parties are directed to maintain status-quo in terms of the aforesaid order dated 06 January 2011 until the disposal of the suit. The learned Trial Judge is directed to dispose of the suit expeditiously, since, all that now remains to be done is passing of the judgment and decree in the suit. With the aforesaid observations, this appeal is disposed of. 4.

All concerned to act on the basis of the authenticated copy of this order.

5.

In view of the disposal of the appeal, the Civil Application does not survive and the same is also disposed of. (M. S. SONAK, J.) N.S. Kamble page 2 of 2