M/S Earth Builders v. Dani Sadan Co-Op Housing Soc.Ltd And 3 ORS

214-APP-843-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.843 OF 2006 IN NOTICE OF MOTION NO.1638 OF 2005 IN SUIT NO.1526 OF 2005 M/S.EARTH BUILDERS AND ANR.

)...APPELLANTS V/s.

M/S.DANI SADAN CO-OP. HSG. SOCIETY LTD. )...RESPONDENT None for the Appellants.

Mr.Tushad Cooper a/w. Ms.Mahalakshmi G. & Ms.Aditi Bajaj i/b. ALMT Legal, Advocates for Respondent No.1.

Ms.Radha Ved i/b. Sanjay Udeshi & Co., Advocate for Respondent Nos.3 and 4.

CORAM

:

V. M. KANADE & A. M. BADAR, JJ.

DATE :

5th JUNE 2017 P.C. :

None appeared on behalf of appellants. Heard Shri Tushad Cooper, the learned counsel, on behalf of the respondent / original plaintiff. The dispute in the suit is in respect of a small avk 1/2

214-APP-843-2016.doc strip of land. According to the respondent / original plaintiff, the disputed portion belongs to the society whereas according to the appellant / original defendant, it belongs to him. Ad-interim order passed by the learned Single Judge was confirmed in appeal. However, the receiver was asked not to take possession. The said order is continued almost for a period of eleven (11) years.

In our view, instead of deciding the appeal, it would be appropriate if a direction is given to the learned Single Judge to decide the suit as expeditiously as possible. The hearing of the suit itself is expedited. The interim order passed by the Division Bench dated 29th November 2006 shall continue during pendency of the suit.

Appeal is accordingly disposed of.

All contentions of all parties are kept open. (A. M. BADAR, J.) (V. M. KANADE, J.) avk 2/2