Mr. Jagat Kantilal Shah And ANR v. Mr. Abdul Hamid Shaikh

CAW3292_15.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3292 OF 2015 IN WRIT PETITION NO.3527 OF 2015 Jagat Kantilal Shah and another ...

Applicants Vs.

Abdul Hamid Shaikh ...

Respondent Mr. Manoj Patil, Advocate and Mr. Jagat Kantilal Shah, Applicant No.1 in person.

CORAM : R. G. KETKAR, J.

DATE :

DECEMBER 18, 2015 P.C. :

Heard Mr. Manoj Patil, learned Counsel for applicants and Mr. Jagat K. Shah, applicant No.1 in person.

2.

By this application, the applicants-petitioners have prayed for injunction restraining the respondent from transferring, wasting , damaging, alienating, encumbering, trespassing or encroaching or otherwise dealing with any part and / or completing suit property till final disposal of the Suit No.8799 of 1994 pending in the Bombay City Civil Court at Bombay and also for injunction restraining all the encroachers, trespassers and encumbrances, etc. on the suit property till disposal of the said Suit.

3.

Mr. Patil and Mr. Shah submitted that by order dated 26.06.2015, this Court has stayed further proceedings of the Suit pending in the City Civil Court. In view thereof, applicants cannot move the trial Court for interim relief. The application is, therefore, filed in the pending Petition. 1/2

CAW3292_15.sxw 4.

Admittedly, the Suit instituted by the respondent is pending in the City Civil Court. It is no doubt true that by order dated 26.06.2015, this Court has stayed further proceedings of the Suit. As the applicants have serious apprehension, they have taken out this application. 5.

In view thereof, the order dated 26.06.2015 deserves to be modified thereby permitting the applicants to take out appropriate Notice of Motion praying for the reliefs claimed in this application. If such Motion is taken out, notwithstanding the stay granted by this Court, the learned trial Judge will proceed with hearing of that Motion and pass appropriate order in accordance with law. Thereafter, the trial Court will not proceed with the Suit until the Court modifies order dated 26.06.2015.

6.

Mr. Shah states that he will file Notice of Motion on or before 22.12.2015 and serve copy thereof on the other side. Statement made by Mr. Shah is recorded.

7.

In view thereof, no orders are necessary on this application. Application is disposed of with liberty as aforesaid. Order accordingly. (R. G. KETKAR, J.) Minal Parab 2/2