Jai Murlidar Moolchandani v. Shyam Murlidhar Moolchandani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai INTERIM APPLICATION NO. 11570 OF 2024 IN APPEAL FROM ORDER (ST) NO. 18012 OF 2024 Jai Murlidhar Moolchandani ...

Applicant Vs.

Shyam Murlidhar ...

Respondents Moolchandani and Others WITH INTERIM APPLICATION NO. 13300 OF 2024 IN APPEAL FROM ORDER (ST) NO. 24957 OF 2024 Shyam Murlidhar Moolchandani ...

Applicant Vs.

Jai Murlidhar Moolchandani ...

Respondents Mr. Surel Shah a/w. Mr.Zulfiqar Jariwala, Ms. Shabbir Jariwala and Ms. Sakshi Jain i/b. Jariwala Associates for the Appellant/Applicant in AOST/18012/2024 and for the Respondents in AOST/24957/2024.

Mr. Shishir Joshi a/w. Ms. Priti Shukla i/b. Ms. Priti Joshi for Respondent No. 1 in AOST/18012/2024 and for Appellant in AOST/24957/2024.

Ms. Ruksana Peerbhoy for Respondent No. 5 (society). CORAM : GAURI GODSE, J.

DATE :

28th FEBRUARY 2025 by RAJESHWARI RAMESH PILLAI Date:

2025.03.03 01:32:01 +0200 RAJESHWARI RAMESH PILLAI 1/3

ORDER :

Interim Application No. 11570 of 2024 1.

This application for condonation of delay of six days, The contesting respondent i.e. original plaintiff is represented through Advocate. There is no serious opposition to the reasons mentioned for delay.

2.

Considering the negligible delay of six days, in the facts and circumstances of the case delay is condoned and application is allowed in terms of prayer clause (a).

Appeal from Order (St) No. 18012 of 2024 3.

Heard. Arguable points are raised.

4.

Hence, Admit.

5.

Learned counsel for respondent nos. 1 and 5 waive notice. Interim Application No. 13300 of 2024 6.

This application is for condonation of delay of 82 days in filing the appeal. The contesting respondent i.e. original defendant no.1 (respondent no. 1) and respondent no. 5 (society) are represented. There is no serious opposition to the reasons mentioned for delay. 7.

In the facts and circumstances of the case delay is condoned 2/3

and application is allowed in terms of prayer clause (a). Appeal from Order (St) No. 24957 of 2024 8.

Heard. Arguable points are raised.

9.

Hence, Admit.

10.

Learned counsel for respondent nos. 1 and 5 waive notice. Interim Application (St) 24961 of 2024 11.

Rule on interim relief in terms of prayer clause (a) is made returnable on 18th June 2025.

12.

Learned counsel for respondent nos. 1 and 5 waive notice. 13.

Pendency of this appeal shall not be construed as any stay to the further proceeding in the suit. City Civil Court shall proceed with the suit.

[GAURI GODSE, J.] 3/3