Dilip Diwanchand Kapoor And 4 ORS. v. Mahesh Kantilal Bhayani And 12 ORS.

30.nms.849.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 849 OF 2014 IN SUIT NO. 465 OF 2013 Mahesh K. Bhayani & Ors.

...Applicants In the matter between Dilip Diwanchand Kapoor & Ors.

...Plaintiffs vs Mahesh Kantilal Bhayani & Ors.

...Defendants.

.....

Mr Keval P. Shah for the Applicants/Defendant Nos.1 to 10. Mr S.J.Mishra a/w Ms Pushpa Tiwari I/b SRS Legal for the Plaintiffs. Mr M.S.Bharadwaj a/w Ms S.I.Shah for Defendant No.13. .....

CORAM : B.P.COLABAWALLA, J.

FEBRUARY 04, 2019.

P.C. :

This Motion has been filed asking this Court to decide whether it has jurisdiction to try and adjudicate the subject matter of the present suit. This Motion has not been disposed of and no issue under Section 9A of the Code of Civil Procedure, 1908 has been framed by this Court. Now Section 9A of the CPC has been deleted by Maharashtra Act No. LXI of 2018. This being the case, learned advocate appearing on behalf of Applicants - Defendant Nos.1 to 10, who has filed the present Motion fairly states that this Notice of Motion has become infructuous.

Pg 1 of 2

30.nms.849.2014.doc In these circumstances, the Notice of Motion is dismissed as infructuous. No order as to costs.

(B.P.COLABAWALLA, J.) Pg 2 of 2