Mr Sanjaya Kohli And ANR v. Mr Krishnakumar D. Sharma Alias Dayama And ANR

1/2 16.NMS-3893-2007.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3893 OF 2007 IN SUIT NO.2897 OF 2007 Mr. Sanjaya Kohli & Anr.

....Applicants/Plaintiffs V/s.

Mr. Krishnakumar B. Sharma & Anr.

....Defendants ---- Mr. Chetan Kapadia a/w. Mr. D.V. Deokar i/b. M/s. Parimal K. Shroff & Co. for the applicants/plaintiffs.

Mr. Vishal Kanade a/w. Mr. Vivek Patil i/b. Vivek Patil & Associates for the defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 11th AUGUST, 2016 P.C.:- By an order dated 22nd October, 2007 read with order dated 2nd November, 2007, the court had directed the parties to maintain status quo with regard to the suit property. The suit is for specific performance of MOU dated 28th April, 2006 based on which the plaintiffs claim that the defendants had agreed to sell the property to them.

This ad-interim order has been in operation for almost 09 years. The written statements of the defendants are also on record. Gauri Gaekwad

2/2 16.NMS-3893-2007.doc In my view, it will be only in the fitness of the things, if the ad-interim order is confirmed as order in the notice of motion and the suit proceeds to trial.

Therefore, the order dated 22nd October, 2007 read with order dated 2nd November, 2007 is confirmed as order in the notice of motion and the notice of motion accordingly disposed. The status quo to be maintained.

On or before 26th August, 2016 parties to file their respective affidavit of documents. On or before 3rd September, 2016 parties to complete discovery and inspection and by 8th September, 2016 parties to file and exchange their statement of admission and denial with reasons for denial.

The suit be listed for issues on 19th September, 2016. (K.R.SHRIRAM,J) Gauri Gaekwad