Mr. Jitendra Shantilal Jai N And 2 ORS v. Pankaj Parikh And ANR

jsn NMS (L.) No.1201_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL SIDE JURISDICTION NOTICE OF MOTION (L.) NO.1201 OF 2015 IN SUIT (L.) NO.392 OF 2015 Mr. Jitendra S Jain & Ors..

...

Applicants / Plaintiffs Vs.

Mr. Pankaj Parikh & Anr.

...

Defendants Pranjali Bhandari, Adv. for applicants / plaintiffs. Mr. Jitendra Ranawat, Adv. i/b. Waquar Ahmad, Adv. for defendant No.2.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 8 th July, 2015.

P.C. :

1.

Ad-interim order came to be passed on 8th May, 2015. By consent of defendant No.1, defendant No.1 was to pay Rs.36,300/- each month to the plaintiff until possession of Flat No. A-502 was handed over to the plaintiff. Counsel on behalf of the plaintiff states that the amount is being paid as directed. The order of injunction against creation of third party rights has also been passed. The Notice of Motion has been made returnable but no affidavit in reply has been filed. The order came to be passed upon prayer 'a' and 'c'. Since the order of money payment is complied, no further order is required to be passed in the Notice of Motion. Same order shall continue pending the suit.

2.

Notice of Motion is disposed of accordingly.

3.

The defendants shall file their written statement, if any, within 30 days. Suit shall be on board for framing issues on 13th August, 2015.

( ROSHAN DALVI, J. )