Salma Asgarali Makati And ORS v. Shabbir Shaikh Shamsuddin Pachorawla And ORS

(40)-AO-1199-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1199 OF 2015 Salma Asgarali Makati and others .. Appellants

Versus

Shabbir Shaikh Shamsuddin Pachorawala and others .. Respondents Mr. Sachin Chavan for the Appellants.

Mrs. Pooja Bhaidkar, 2nd Assistant Master to Court Receiver present. CORAM : R.M. SAVANT, J.

DATE : 18th JULY 2016 P.C.

The above Appeal from Order takes exception to the order dated 03.10.2015 passed by the Learned Judge of the City Civil Court, Greater Mumbai, to the extent it rejects Notice of Motion No.3021 of 2015 which is filed for striking of the defence of the Defendant No.1. Since this Court has by an order passed today in the companion Appeal from Order being No.1190 of 2015 has dismissed the said Appeal from Order and since it is a common order passed by the Trial Court in both the Notices of Motion, for the reasons mentioned in the order passed today whilst rejecting the said Appeal from Order No.1190 of 2015, the above Appeal from Order would also have to be dismissed and is accordingly dismissed. [R.M. SAVANT, J] BGP.