1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.572 OF 2004 IN NOTICE OF MOTION NO.1922 OF 2003 IN SUIT NO.1961 OF 2003 Credence Property Developers Pvt.Ltd. ...Appellant Vs. 1.Mrs.Mehrunisa Mohd.Mustufa and others. ...Respondents. --- Mr.Prasad Dhakephalkar with Mr.G.V.Bhagat i/b. Divekar & Co., for Appellant. Mr.Kirit Modi with Mr.Jayesh Bhatt, for Respondent no.18. Mr.Z.Jariwala, Ms.Jyoti Ghag i/b. Thakore, Jariwala & Associates, for Respondent nos. 1 to 3. Mr.S.K.Shah i/b. M/s.Bilawal & Co., for Respondent nos.10 to 13, 15 to 17, 19, 20,30, 31 & 34. Mr.M.V.Holamagi, for Respondent nos.5A & 5B and 13A & 13B. 2 --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 17th January, 2009. P.C.:- 1. This appeal arises out of the order dated 6.5.2004 passed in notice of motion no.1922 of 2003 in suit no.1961 of 2003. It is a common order passed in three notices of motion. So far as the order passed in Notice of motion no.3527 of 2002 in Suit no.4007 of 2002 is concerned, by our order passed today i.e. 17.1.2009 in appeal no.558 of 2004 we have set aside that order. 2. We have heard the learned Counsel appearing for both the sides. We find that for making the order, the learned Single Judge has taken into consideration the facts and circumstances in notice of motion no.3527 of 2002. The learned Counsel appearing for contesting defendants submits that in 3 suit no.1961 of 2003 there are also other interim orders made by this Court which amply protect the interest of the plaintiff in that suit. 3. Taking overall view of the matter, therefore, in our opinion, the following order would meet the ends of justice:- (a) The order dated 6.5.2004 passed in Notice of motion no.1922 of 2003 in suit no.1961 of 2003 is set aside. That notice of motion is remitted back to the learned Single Judge for de novo consideration and decision in accordance with law. (b) The learned Single Judge is requested that notice of motion no.1922 of 2003 should be disposed of by a separate order and not by a common order as was done earlier alongwith the notice of motion in other suit. During the pendency of that notice of motion, the interim order that we have passed in appeal no. 558 of 2004 shall operate in this notice of motion also. 4 (c) Parties shall be at liberty to file additional affidavit bringing subsequent events on record before the notice of motion is heard. The learned Single Judge is requested to dispose of the notice of motion as expeditiously as possible. Appeal is disposed of. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---