Abis Constructions v. Mohd. Mazahar Hussain And ANR

*1* 932.nms-1599.12.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1599 OF 2012 IN SUIT NO.2953 OF 2010 M/s. ABIS Constructions ..Plaintiffs

Versus

Mohd. Mazahar Hussain & Anr.

..Defendants ...........

Mr. Sanjay Jain a/w Ms. Astha Thamankar a/w Mahesh Mishra i/b. Mr. Ravi Thankaian for the Plaintiffs.

Mr. Atul G. Damle, Senior Advocate i/b. Mr. Rupesh Lanjekar for defendant no.1.

...........

CORAM : A. K. MENON, J.

DATE : 7TH SEPTEMBER, 2015.

P.C.:

This Notice of Motion is taken out on behalf of the plaintiffs seeking order for expediting the hearing of the suit and connected Notices of Motion. In the affidavit in support paragraph 4 and 5 the plaintiffs submits that the first defendant is in illegal possession of the suit premises. The matter is already contested by the plaintiffs in an earlier suit filed in 1996. In view of the fact that litigation is pending since 1996, the petition seeks expeditious disposal but given the fact that the present suit is of the year 2010 it is not possible to accede this request. Notice of Motion No.1599 of 2012 is dismissed. There will be no orders as to costs.

(A. K. MENON, J.)