Brij Madanlal Sharma And 2 Ors vs Pushpalata Sohanlal Sharma And ...
2021 Latest Caselaw 3902 Bom

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Kanchan
P. Dhuri                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed                          ORDINARY ORIGINAL CIVIL JURISDICTION
by Kanchan P.
Dhuri
Date:
2021.03.03
                                         INTERIM APPLICATION (L) NO. 4799 OF 2021
11:17:24
+0530
                                                                    IN
                                                      APPEAL NO. 368 OF 2016
                                                                    IN
                                                       SUIT NO. 1342 OF 2003
                   Brij Madanlal Sharma and others                         ...     Applicants/Original Appellants
                   In the matter between :
                   Brij Madanlal Sharma and others                         ...   Appellants
                             Versus
                   Pushpalata Sohanlal Sharma and another                  ...     Respondents
                                                                .........
                   Mr. Karl Tamboly alongwith Mr. Deepak Chitnis and Ms. Surbhi Ahuja instructed by
                   Advani & Co. for the Applicants/Appellants.
                   Mr. Aspi Chinoy, Senior Advocate alongwith Mr. Cyrus Ardeshir and Mr. Ashutosh
                   Doijode instructed by Mr. Amol Doijode for Respondent No.1.
                                                         .........
                                                          CORAM :          S.J. KATHAWALLA AND
                                                                           VINAY JOSHI, JJ.

                                                          DATED :          MARCH 2, 2021.

                   P.C. :-

1. The above Interim Application is taken out by the Appellants in the above

Appeal (Original Defendants in Suit No.1342 of 2003) seeking the following relief :

"(a) That pending the hearing and fnaa disposaa of the appeaa this Hon'bae Court be paeased to stay operation, execution, and impaementation of Judgment dated 7th August, 2015 passed in Suit No. 1342 of 2003 thereby directing the

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Appaicants to continue possession of the Suit Premises being Faat No.1 on the ground foor of Indrayani Buiading situate at Sophia Coaaege Lane, 61-D, Bhuaabhai Desai road, Mumbai 400 026."

2. Since the Suit is of the year 2003 which was decreed in the year 7th August,

2015 and the Appeal was fled in the year 2015 and is pending till date, we propose to

hear the Appeal itself on 18th March, 2021 at 2.30 p.m. It is clarifed that if due to

paucity of time and/or change in assignment, the Court is unable to hear the Appeal

fnally on that day, the Court may proceed to hear the Interim Application. Save and

except, directing the Respondents not to take possession of the subject fat upto 18th

March, 2021, no ad-interim order is passed.

3.    Stand over to 18th March, 2021 at 2.30 p.m.




( VINAY JOSHI, J. )                                    ( S.J. KATHAWALLA, J. )




Kanchan P Dhuri