Vikrambhai Chandulal Shah And Another v. Rajendrabhai Mangaldas Shah And 10 Others

sat nms 18-2015 and 19-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 18 OF 2015 IN SUIT NO. 18 OF 2015 Pravinbhai Babaldas Shah ...Plaintiff/Applicant Vs.

Rajendrabhai Mangaldas Shah & Ors.

...Defendants AND NOTICE OF MOTION NO. 19 OF 2015 IN SUIT NO. 10 OF 2015 Bharati alias Alka Mahendra Vakharia & Anr.

...Plaintiffs/Applicants Vs.

Rajendrabhai Mangaldas Shah & Ors.

...Defendants Mr.Sean Wassoodew for Plaintiffs.

Mr.Atul Damle, Senior Advocate I/b. Sanjay Gawade for Defendant No.1. Mr.K.P. Shah for Defendant No.2.

Mr.Anirban Tripathy for Defendant Nos.3 to 5. Mr.Dharmesh Jain for Defendant Nos.6 to 9.

CORAM : S.C. GUPTE, J.

DATE : 16 JANUARY 2018 P.C. :

These two suits are, respectively, for partition of property and declaration, and separate possession of the Plaintiffs' share. There is an adinterim statement made by learned Counsel for Defendant No.1 in terms of prayer clause (b) of the notices of motion. Learned Counsel for Defendant No.1 is agreeable to continue the statement pending the hearing and final 1 / 2

sat nms 18-2015 and 19-2015.doc disposal of the suit.

Learned Counsel for the Plaintiffs is satisfied with the protection offered by the statement as an interim order in the suit. Accordingly, the notices of motion are disposed of by accepting the statement of learned Counsel for Defendant No.1 in terms of prayer clause (b) in Notices of Motion No.18/2015 an 19/2015. The motions are disposed of accordingly.

The issues have been framed in the suit and the Plaintiffs have also filed their affidavits of evidence in lieu of examination in chief. The Defendants are permitted to file their respective affidavits of documents along with compilation within two weeks from today. Place the suit for marking of the Plaintiffs' documents on 1 February 2018. (S.C. GUPTE, J.) 2 / 2