Bai Ratanbai And Behramji Kuka Co-Operative Housing Society Ltd And 6 ORS. v. Dr. Aspi S. Golwala And 25

app.316.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 316 OF 2014 IN NOTICE OF MOTION NO. 126 OF 2013 IN SUIT NO. 60 OF 2013 Bai Ratanbai & Behramji Kuka Co-operative Housing Society Ltd. & Ors.

...Appellants

Versus

Dr. Aspi S. Golwala & Ors.

...Respondents

Mr. Sarosh Bharucha with Ms. Lara Jesani I/b M. Mulla Associates for the Appellants Mr. Sanjay Kothari with Ms. Pallavi Bali I/b Bali & Associates for the Respondents CORAM : V. M. KANADE & REVATI MOHITE DERE, JJ.

THURSDAY, 7TH JANUARY, 2016 P.C. :

1.

Heard learned Counsel appearing on behalf of the appellants and the learned Counsel appearing on behalf of the respondents. 2.

The appeal can be conveniently disposed of by directing the learned Single Judge to decide the Notice of Motion and the preliminary objection which is raised under Section 9A of the Civil Procedure Code. SQ Pathan 1/2

app.316.14.doc 3.

The ad-interim relief which has been granted in terms of prayer clauses (a) and (b) shall continue only till the pendency of the Motion. All observations made by the leaned Single Judge are of a prima facie nature and the learned Single Judge to decide the preliminary issue and shall not be influenced by the observations made by the learned Single Judge since essentially the said observations are made at the ad-interim stage. All contentions of both the parties are kept open. 4.

It is clarified that the Notice of Motion is not disposed of but has to be kept pending till the preliminary issue is decided. The learned Single Judge is requested to decide the preliminary issue as well as the Notice of Motion as expeditiously as possible and preferably within a period of 12 weeks from today. The appellant shall complete the pleadings within 4 weeks.

5.

With these directions, the appeal is disposed of. Office is directed to clarify that the Motion is not disposed of by the impugned order. But will have to be decided along with the preliminary issue. REVATI MOHITE DERE, J.

V. M. KANADE, J.

SQ Pathan 2/2