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Bombay High CourtIA/4057/2019disposed off

M/S. Sanghavi Developers Pvt. Ltd. Through Its Director Mr. Popatlal M. Dhoka And ORS. v. Smt. Chandrikaben Gunvantbhai Shah And ORS.

2020-03-12Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN FIRST APPEAL NO. 1412 OF 2014 M/s. Sanghvi Developers Pvt. Ltd.

And Ors.

... Applicants V/s.

Smt. Chandrikaben Gunvantbhai Shah and Ors.

... Respondents Mr. Ranjit Shinde i/b Sugandh Deshmukh for the Applicants. Mr. Sandesh Patil for the Respondent No.8.

Mr. Mayuresh Lagu for Respondent No.9.

CORAM: K.K.TATED, & SARANG V. KOTWAL JJ.

DATE : 12th MARCH 2020 P.C.

Heard learned Counsel for the parties.

The learned counsel for the Applicant submits that in view of the order dated 09.12.2015 passed by this Court, the First Appeal was adjourned sine die, in view of issue pending before the Supreme Court in respect of Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra). He submits that the said issue is already decided by the Supreme Court. He submits that in view of subsequent development, the First Appeal No. 1412 of 2014 be placed on board under caption for admission.

The learned counsel for the Respondents are not disputing this fact.

Sneha Chavan 1/2

7 ia 1-19=.odt Hence, by consent of both the parties, the following order is passed:

a) The Registry is directed to place First Appeal No. 1412 of 2014 on board under caption for admission on 09.04.2020.

b) Interim application stands disposed of accordingly. c) No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Sneha Chavan 2/2