Mrs.Renuka Mukherjee And ANR v. Murli Lakhimal Jagasia And 16 ORS

APP. 449-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 449 OF 2015 IN NOTICE OF MOTION No. 901 OF 2015 IN SUIT No. 494 OF 2015 Mrs. Renuka Mukherjee & Anr.

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Appellants Vs.

Murli Lakhimal Jagasia & Ors.

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Respondents *** Mr. V. Y. Sanglikar, for the Appellants.

Mr. Rushabh Thakkar i/b Yashpal Jain, for Respondent Nos. 1 and 2. Ms. Deepa Pohuja, for Respondent Nos. 3 to 5. Mr. J. P. Sen, Sr. Counsel a/w Aditya Thakkar a/w Manali Sarogi i/b M/s. Federal Rashmikant, for Respondent Nos. 6 and 8. Ms. Rekha Panchal, for Respondent Nos. 15 and 16. *** CORAM : V. M. KANADE, & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : NOVEMBER 23, 2015 PC.

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Learned counsel appearing on behalf of the Appellants submits that hearing of the motion may be expedited and it may be observed that observations made by the learned single judge in the impugned order are of prima facie in nature and the learned Single Judge shall not be influenced by those observations, and shall decide 1 / 2

APP. 449-15 the motion on merits and in accordance with law. Upon a request being made by the learned counsel appearing for the Appellants, we direct the learned Single Judge to decide the motion, as expeditiously as possible, without being influenced by any of the observations made in the impugned order, on merits and in accordance with law. Needless to say that observations which are made in the impugned order are prima-facie in nature. All contentions raised by the parties in this appeal are kept open. It is clarified that pleadings shall be completed within two weeks. Appeal is disposed of in the aforesaid terms.

Sd/- Sd/- [Dr. SHALINI PHANSALKAR-JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2