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Bombay High CourtNMS/189/2012disposed off

Beharam N.Gamadia And ANR. v. Samratmal P. Sethi And Mohammed Zakir Oomer

2017-08-07Hon'Ble Shri Justice K.R. Shriram2 pages

NMS2699.10-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2699 OF 2010 AND NOTICE OF MOTION NO.189 OF 2012 IN SUIT NO.783 OF 1987 Behram N.Gamadia & Anr.

)....Plaintiffs V/s.

Samrathmal Phoolchand Seth )....Defendant And Mohammed Zakir Oomer )....Applicant ---- Ms.Falguni Thakkar i/by Doijode Associates for plaintiffs. Ms.Bhagyalaxmi Racha i/by J.P.Singh for applicant in Notice of Motion No.2699/2010.

Ms.Rujuta Patil i/by Negandhi, Shah & Himayatullah for proposed defendant.

---- CORAM : K.R.SHRIRAM,J DATE : 7.8.2017 P.C.:- NOTICE OF MOTION NO.2699 OF 2010 Ms.Racha for the applicant states that the prayer sought in this Notice of Motion has already been worked out as it appears from the Court Receiver's report dated 7.2.2014. Therefore, nothing survives in this Notice of Motion.

Notice of Motion disposed accordingly.

KJ

NMS2699.10-10 NOTICE OF MOTION NO.189 OF 2012 The applicant is not even a party to this suit. The applicant also does not seek to be made a party to the suit. Therefore, prayer as sought in this Notice of Motion cannot be granted.

Notice of Motion dismissed.

(K.R.SHRIRAM,J) KJ