Nusli N. Wadia And 2 Others v. Bastion Constructions

hvn 501-nma-1049.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1049 OF 2017 IN APPEAL NO. 289 OF 2015 IN SUIT NO. 353 OF 20009 WITH APPEAL NO. 289 OF 2015 IN SUIT NO. 353 OF 2009 Bastion Constructions ...Applicant In the matter of :

Nusli N. Wadia and Os.

... Appellants vs.

Bastion Constructions

...Respondents

Mr. Navroz Seervai, a/w Mr. Snehal Shah a/w Ms.Niyati Kalra i/by Negandhi, Shah & Himauatullah for the appellant. Mr. Vineet Naik a/w Ms.Rati Lodha, and Khandelwal for the applicant/respondents CORAM : SHANTANU KEMKAR & M.S. SONAK, JJ.

JULY 17, 2017 P.C.:

Not on board. Taken on production board in view of the urgency. 2.

Heard on t he Notice of Motion.

3.

Through this Notice of Motion, the applicant is seeking the following relief :

"(a) That this Hon'ble Court be pleased to expedite the hearing of the Appeal, fix an early date for the final hearing of the captioned appeal and dispose off the same as early as possible."

4.

We have gone through the order passed by the Division Bench of this court on 28.11.2016. The Division Bench in paragraph 6 had

hvn 501-nma-1049.2017 recorded a categorical findings which reads thus : "6.

Very old Original Side appeals arising out of decrees are pending for hearing for more than 15 years. In fact, on the final hearing cause list of the last week, there were appeals from the year 2005 arising out of final orders in Testamentary suits, and therefore, it will not be proper to give out of turn priority to the hearing of this Appeal of year 2015."

5.

In view of the aforesaid and the fact that there is no change in the circumstances, we are not inclined to allow the Notice of Motion. Accordingly, the Notice of Motion is rejected. (M.S. SONAK, J.) (SHANTANU S. KEMKAR, J.)