1 nms-3950-08 in s-2958-94 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3950 OF 2008 IN SUIT NO.2958 OF 1994 Liyakat Mohammed Saheb Kurawale & Ors. ..Plaintiffs Vs. Liyaqat Ali Karim Parkar & Ors. ..Defendants Ms Anita Costelino i/b Mr. S.M.Kazi for the Plaintiffs Mr. Naushad Engineer i/b Zohair & Co. for Defendant No.1 Mr. A.A.Joshi i/b L.J.Law for Defendant No.2 Mrs. A.R.Lambay i/b Lambay & Co. for Defendant No.3 CORAM : SMT. ROSHAN DALVI, J. DATED : 20TH JULY, 2011 P.C. : 1. In the suit, which has been pending since last 16 years, this Notice of Motion is taken out essentially to get the relief which is claimed in the suit without going to trial. The oral case of the Plaintiff that the Joint Agreement was actually meant only for self development by the original plaintiff upon a loan given by Defendant No.1 would have to be tested upon the cross-examination of the Plaintiff. The Defendant No.1 is the main contesting party. The Written Statement and the Counter claim of Defendant No.1 has been filed on 11-4-2000. The reply to the counter claim, however, is not filed by the Plaintiff. The reply is in essence to the written statement to the Counter claim. That has not been filed for a period of 10 years since the filing of the Written statement. 2. The Defendant No.2 has been joined after the filing of the suit. 2 nms-3950-08 in s-2958-94 Earlier plaintiff has been transposed as Defendant No.3. Defendant No.2 has not been served with the writ of summons. Hence written statement of Defendant No.2 has not been filed. Defendant No.3 supports the Plaintiff. The Plaintiff shall complete the service as also defence, if any, to the Counter claim. The issues in the suit shall be drafted so soon as the suit is ready for framing of issues. 3. S.O to 11th August, 2011. (SMT. ROSHAN DALVI, J.)