Bombay High CourtCAF/2863/2014dismissedrule discharged

Orange City Educational And Medical Research Foundation And 1 v. Sayyad Athar Khwaja Since Deceased Thr. Lrs. Smt. Nazma Athar Khwaja Wd/O Sayyad Athar Khawaja And

2015-01-20Hon'Ble Shri Justice Z.A. Haq1 pages

1 fa818.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.818 OF 2014 (Orange City Educational & Medical Research Foundation, Nagpur and another ..vs.. Sayyad Athar Khwaja (dead) through L.Rs. Smt. Nazma Athar Khwaja wd/o S. Sthar Khwaja and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 20-1-2015 Heard Shri V.V. Bhangde, the learned Advocate for the appellants.

Admit.

The appellants shall file private paper-book within six months from today, failing which the appeal shall stand dismissed without reference to the Court. Civil Application (CAF) No.2863 of 2014.

Considering the facts of the case, specifically that out of the amount of consideration of Rs.40,21,522/-, as per the claim of the applicants an amount of Rs.3,21,000/- was paid, prima facie I am not convinced that the applicants are entitled for grant of interim order as prayed for in the application.

The civil application is dismissed.

JUDGE pma