1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 110 OF 2009 APPEAL NO. 110 OF 2009 APPEAL NO. 110 OF 2009 FROM FROM FROM NOTICE OF MOTION NO. 355 OF 2009 NOTICE OF MOTION NO. 355 OF 2009 NOTICE OF MOTION NO. 355 OF 2009 IN IN IN SUIT NO. 95 OF 2009 SUIT NO. 95 OF 2009 SUIT NO. 95 OF 2009 SEsufali Gulamhusein Bandukwala Wakf SEsufali Gulamhusein Bandukwala Wakf SEsufali Gulamhusein Bandukwala Wakf & Ors. .. Appellants & Ors. .. Appellants & Ors. .. Appellants (Orig.Defendants) (Orig.Defendants) (Orig.Defendants) Versus Versus Versus Murtuza Shaikh Kayamali Pardawala Murtuza Shaikh Kayamali Pardawala Murtuza Shaikh Kayamali Pardawala & Ors. ..Respondents & Ors. ..Respondents & Ors. ..Respondents (Orig.Plaintiffs) (Orig.Plaintiffs) (Orig.Plaintiffs) Mr. Kevic Setalvad ith Mr. Siddhartha Srivastava, Mr. Kevic Setalvad ith Mr. Siddhartha Srivastava, Mr. Kevic Setalvad ith Mr. Siddhartha Srivastava, Mr.Umang Jaju i/b. D.H.Law Associates for the Mr.Umang Jaju i/b. D.H.Law Associates for the Mr.Umang Jaju i/b. D.H.Law Associates for the appellants. appellants. appellants. Mr.R.S.Desai i/b. Kunal Bhanage for respondents. Mr.R.S.Desai i/b. Kunal Bhanage for respondents. Mr.R.S.Desai i/b. Kunal Bhanage for respondents. 2 CORAM: SWATANTER KUMAR,C.J. & CORAM: SWATANTER KUMAR,C.J. & CORAM: SWATANTER KUMAR,C.J. & DR. D.Y.CHANDRACHUD,J. DR. D.Y.CHANDRACHUD,J. DR. D.Y.CHANDRACHUD,J. DATED: 25th March, 2009. DATED: 25th March, 2009. DATED: 25th March, 2009. P.C. P.C. P.C. 1. The learned Counsel appearing for the 1. The learned Counsel appearing for the 1. The learned Counsel appearing for the respondents submits that there are certain errors respondents submits that there are certain errors respondents submits that there are certain errors apparent on the face of the record in the order under apparent on the face of the record in the order under apparent on the face of the record in the order under appeal and he wanted to move the learned Single Judge appeal and he wanted to move the learned Single Judge appeal and he wanted to move the learned Single Judge for certain corrections which he did not make because for certain corrections which he did not make because for certain corrections which he did not make because of the pendency of the present Appeal. The learned of the pendency of the present Appeal. The learned of the pendency of the present Appeal. The learned Counsel appearing for the appellants submits that it is Counsel appearing for the appellants submits that it is Counsel appearing for the appellants submits that it is an ad-interim injunction and the Notice of Motion is an ad-interim injunction and the Notice of Motion is an ad-interim injunction and the Notice of Motion is still pending before the Court for final disposal. still pending before the Court for final disposal. still pending before the Court for final disposal. 2. The learned Counsel appearing for the 2. The learned Counsel appearing for the 2. The learned Counsel appearing for the appellants makes a statement that for a short duration appellants makes a statement that for a short duration appellants makes a statement that for a short duration they do not have plans to sell the second plot. they do not have plans to sell the second plot. they do not have plans to sell the second plot. However, the first plot has already been sold and However, the first plot has already been sold and However, the first plot has already been sold and transferred. transferred. transferred. 3 3. In view of the statements made by the learned 3. In view of the statements made by the learned 3. In view of the statements made by the learned Counsel appearing for the parties, we dispose of this Counsel appearing for the parties, we dispose of this Counsel appearing for the parties, we dispose of this Appeal with liberty to the parties to take steps before Appeal with liberty to the parties to take steps before Appeal with liberty to the parties to take steps before the learned Single Judge and even pray for early the learned Single Judge and even pray for early the learned Single Judge and even pray for early disposal of the Notice of Motion. We do not wish to disposal of the Notice of Motion. We do not wish to disposal of the Notice of Motion. We do not wish to examine the merit or otherwise of the contentions examine the merit or otherwise of the contentions examine the merit or otherwise of the contentions raised before us while granting liberty to the parties. raised before us while granting liberty to the parties. raised before us while granting liberty to the parties. The Appeal is disposed of. The Appeal is disposed of. The Appeal is disposed of. CHIEF CHIEF CHIEF JUSTICE JUSTICE JUSTICE DR.D.Y.CHANDRACHUD,J. DR.D.Y.CHANDRACHUD,J. DR.D.Y.CHANDRACHUD,J. 4