Mr. Damodhar Padmanabhan v. Mr.Mohd.Sajeed Ibrahim Sayed And ORS

25 ao 1184-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1184 OF 2015 WITH CIVIL APPLICATION NO. 1497 OF 2015 IN APPEAL FROM ORDER NO. 1184 OF 2015 WITH APPEAL FROM ORDER NO. 1185 OF 2015 WITH CIVIL APPLICATION NO. 1498 OF 2015 IN APPEAL FROM ORDER NO. 1185 OF 2015 Mr. Damodhar Padmanabhan ..Appellant v/s.

Mr. Mohd. Sajeed Ibrahim Sayed & Ors.

..Respondents Mr. Dharam Jumani, Mr. Mihir Nerulkar, Mr. Rickin Dang i/b. Ganesh & Co. for the Appellant.

Mr. Ashish Dubey for the Respondent.

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 10th JUNE, 2022.

P.C.

1.

The Appellant had challenged the judgment and order dated 06.08.2015, whereby the learned Judge, City Civil Court, Dindoshi, Mumbai, had dismissed the Notice of Motion No. 234 of 2013 in S.C.Suit No. 256 of 2013, and Notice of Motion No. 237 of 2013 in S.C.Suit No. 255 of 2013.

2.

On 7.12.2015, this Court had recorded statement of Respondent No.1 that he will not create third party interest in the suit flat. The said P P SALGAONKAR

25 ao 1184-15.doc statement was continued from time to time and continue till date. Learned Counsel for the Appellant and the Respondent No.1 state that issues have been framed in both the suits and that the matter is pending for recording of evidence. Learned Counsel for the Respondent No.1, under instructions states that the respondent No.1 shall not create third party interest in the suit flats till the disposal of the suit. Said statement is accepted as undertaking to the Court.

3.

In the light of the said statement, the appeals are disposed of. 4.

Civil Applications stand disposed of in view of disposal of the appeals.

5.

The learned Judge, City Civil Court, shall dispose of the Suits as expeditiously as possible.

(ANUJA PRABHUDESSAI, J.) Digitally signed by PRASANNA P SALGAONKAR Date:

2022.06.14 17:58:58 +0530 PRASANNA P SALGAONKAR P P SALGAONKAR