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Bombay High CourtAPP/4/2019disposed off

Mughda Creations Llp v. Damodar Sadashiv And 22 ORS (Huf) And 24 ORS.

2018-12-19Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice B.R. Gavai2 pages

(909)-APPL-560-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.560 OF 2018 IN NOTICE OF MOTION (L) NO.2855 OF 2018 IN SUIT (L) NO.1605 OF 2018 Mugdha Creators LLP ..Appellant

Versus

Damodar Sadashiv & Others (HUF) and others ..Respondents AND NOTICE OF MOTION (L) NO.1340 OF 2018 IN APPEAL (L) NO.560 OF 2018 IN NOTICE OF MOTION (L) NO.2855 OF 2018 IN SUIT (L) NO.1605 OF 2018 Mugdha Creators LLP ..Applicant

IN THE MATTER BETWEEN

Mugdha Creators LLP ..Appellant

Versus

Damodar Sadashiv & Others (HUF) and others ..Respondents Dr. Milind Sathe, Senior Advocate a/w Mr. Chirag Kamdar, Mr. Bhushan Deshmukh, Mr. Nitesh Ranavat, Ms. Tanvi Shah, Ms. Disha Shetty I/by M/s. Wadia Ghandy & co., Advocate for the Appellant/Applicant.

Mr. Prasad Dhakephalkar, Senior Advocate a/w Mr. Shardul Singh, Mr. Vinay Khandelwal I/by Mr. Idris Vohra, Advocate for the Respondents.

CORAM : B. R. GAVAI & RIYAZ I. CHAGLA, JJ.

DATE : 19th DECEMBER, 2018 BGP. 1 of 2

(909)-APPL-560-18.doc.

P.C.

1] After the Appeal was heard for a considerable time, it is agreed that Appeal shall not be decided on merits. It will be in the interest of justice that the learned Single Judge is requested to decide the Motion within a reasonable period and till the decision of the Motion, the Defendants would not create third party rights in the suit property.

2] In that view of the matter, the Appeal is disposed of with a request to the learned Single Judge to decide the Motion on merits within a period of two months from today.

3] All the parties shall complete their pleadings in the Motion within a period of four weeks from today. We accept the statement made by Mr. Prasad Dhakephalkar, learned Senior Counsel appearing on behalf of Defendant No.1 that till decision of the Motion, the Defendants would not create third party rights. 4] In view of disposal of Appeal, Notice of Motion (L) No.1340 of 2018, does not survive and accordingly stands disposed of.

[RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.] BGP. 2 of 2