Mrs. Nargis Majid Oomerbhoy And ORS v. Farida Aresh Irani And ORS

DSS 921-wp-10367-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10367 OF 2013 Mrs Nargis Majid Oomerbhoy and ors.

.. Petitioners vs.

Farida A. Irani and ors.

.. Respondents Ms Sonal i/b M/s. Shailesh Thakkar a/w. Kanchan Pandre for the Petitioner.

Ms Ferzana Behram Kamdin with Ms Shelsha Sheth i/b FZB & Associates for the Respondent Nos.1 to 3.

CORAM :

M. S. SONAK, J.

DATE : 21 JULY 2015.

P.C. :- 1] As of now, both the trial as well as the final arguments in R.A.E. Suit No. 3046 of 1982 is complete.

2] Accordingly, this is not a fit case to interfere with the impugned order dated 20 September 2013, at this stage. However, if the petitioners have an occasion to appeal against the final decree that may be made in the suit, they would be entitled to impugned the order dated 20 September 2013 before the Appeal Court in terms of the provisions contained in Section 105 of the CPC. 3] With liberty as aforesaid, the present petition is dismissed. There shall, however, be no order as to costs. (M. S. SONAK, J.) dinesh 1/1