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Bombay High CourtNMS/989/2017disposed off

Anthony Josph Pattathu v. Rajesh R Kanojia And 2 Others

2019-03-12Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.509 OF 2017 IN SUIT NO.327 OF 2017 Anthony Josph Pattathu ..Plaintiff/Applicant Vs.

Rajeshkumar Ramhara Kanojia & Ors ..Defendants WITH NOTICE OF MOTION NO.1015 OF 2018 WITH NOTICE OF MOTION NO.989 OF 2017 WITH NOTICE OF MOTION NO.510 OF 2017 WITH NOTICE OF MOTION NO.511 OF 2017 WITH NOTICE OF MOTION NO.1025 OF 2017 WITH NOTICE OF MOTION NO.1027 OF 2017 WITH NOTICE OF MOTION NO.276 OF 2018 IN SUIT NO.327 OF 2017 Mr. Gautam Ankhad a/w Mr. Sunny Shah I/b Asadali Mazgaonwala for Plaintiff Mr. Rohan Savant I/b Mr. Nitesh S. Acharya for Defendant No.1 Mr. Ankur Shah I/b Mr. Jatin Sheth for Defendant No.3 CORAM : K.R.SHRIRAM, J.

DATE : 12th MARCH, 2019 P.C.:

NOTICE OF MOTION NO.989 OF 2017 By consent the order passed on 26th October 2016, is confirmed as order in the notice of motion. Notice of motion accordingly disposed.

2/3 It is clarified that defendant nos.1 and 2 may rely on the document in any legal proceedings which are already pending, I repeat only legal proceedings which are pending and to establish their title and not for any other purpose. The authority or the forum, where such proceedings are pending, shall decide the matter in accordance with law and also ensure that defendant nos.1 and 2 prove the documents in accordance with law. In those proceedings, plaintiff is at liberty to raise such objections as advised. NOTICE OF MOTION NO.510 OF 2017 In view of the order passed above this notice of motion does not survive and is accordingly disposed.

NOTICE OF MOTION NO.511 OF 2017 Mr. Savant states that this notice of motion does not survive. Notice of motion is accordingly disposed.

NOTICE OF MOTION NO.276 OF 2018 Mr. Shah for defendant no.3 states that this notice of motion does not survive. Notice of motion is accordingly disposed.

3/3 NOTICE OF MOTION NO.1015 OF 2018 Mr. Savant for applicant states that this notice of motion does not survive. Notice of motion accordingly disposed. NOTICE OF MOTION NO.509 OF 2017 WITH NOTICE OF MOTION NO.1027 OF 2017 WITH NOTICE OF MOTION NO.1025 OF 2017 WITH CHAMBER SUMMONS (L) NO.387 OF 2019 Be listed for hearing on 23rd April 2019.

(K.R. SHRIRAM, J.)