Firoz Khan And 2 ORS v. Feroz Mohamad Hussein Katwalia And 21ors

05-AO-19-2022.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 19 OF 2022 Firoz Khan & 2 Ors.

... Appellant

Versus

Feroz Mohamad Hussein Katwalla & 21 Ors.

...Respondents

Mr. Mr Gaurish Agni, Advocate with Mr K. Kavlekar, Advocates for the ppellants.

Mr A. D. Bhobe, Advocate with Ms A. Fernandes, Advocates for Respondent Nos. 1 to 4.

_______________________

CORAM:

M. S. SONAK, J DATED:

8th December, 2023 _______________________ P.C.

1.

Heard Mr. Gaurish Agni, learned Counsel for the Appellants and Mr. Bhobe, learned Counsel for the Respondent nos. 1 to 4. 2.

On 01.12.2023, this Court made the following Order : "P.C.

Mr. Agni states that since the institution of this appeal, there was an election and the change in the composition of the Managing Committee against whom some interim reliefs were sought in the suit.

2. Accordingly, Mr. Agni requests that the matter be deferred by a week to enable him to obtain instructions.

3. Mr. Bhobe, who appears for respondents, states that there has been change in the constitution of the Managing Committee and, therefore, the reliefs in this appeal are rendered infructuous.

8th December 2023

05-AO-19-2022.DOC

4. Stand over to 08.12.2023, to enable Mr. Agni to obtain instructions."

3.

Today, Mr. Agni, based on instructions from Appellant no. 1, who is present in the Court, confirms that there has been change in the constitution of the Managing Committee and, accordingly, the reliefs in this Appeal are rendered infructuous. He however submits that should any further cause of action arise, the Appellants be granted liberty to apply for interim reliefs before the trial Court. 4.

Accordingly, this Appeal is disposed of as infructuous. But, liberty is granted to the Appellants to apply for interim reliefs if and when any cause of action for the same arises. 5.

If such application is made, the Trial Court should dispose of the same in accordance with law and on its own merits. 6.

All contentions of all parties are left open. 7.

Hence, this appeal is disposed of.

M. S. SONAK, J PEREIRA Date: 2023.12.08 16:59:57 +05'30'

ANDREZA PEREIRA 8th December 2023