1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION REVIEW REVIEW REVIEW PETITION PETITION PETITION NO. 6 OF 2007 NO. 6 OF 2007 NO. 6 OF 2007 inin in APPEAL APPEAL APPEAL FROM FROM FROM ORDER NO. 317 OF 2007 ORDER NO. 317 OF 2007 ORDER NO. 317 OF 2007 inin in NOTICE NOTICE NOTICE OF OF OF MOTION NO.2809 OF 2005 MOTION NO.2809 OF 2005 MOTION NO.2809 OF 2005 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.3182 OF 2005 NO.3182 OF 2005 NO.3182 OF 2005 Shri Shri Shri Jiva Hirji Patel & anr. Jiva Hirji Patel & anr. Jiva Hirji Patel & anr. Petitioners Petitioners Petitioners (Orig.Plaintiffs) (Orig.Plaintiffs) (Orig.Plaintiffs) vs vs vs The The The Municipal Corporation .. Municipal Corporation .. Municipal Corporation .. Respondents Respondents Respondents of of of Greater Mumbai Greater Mumbai Greater Mumbai (Orig.Defendants) (Orig.Defendants) (Orig.Defendants) and and and REVIEW PETITION NO. 7 OF 2007 REVIEW PETITION NO. 7 OF 2007 REVIEW PETITION NO. 7 OF 2007 inin in APEAL APEAL APEAL FROM FROM FROM ORDER NO.318 OF 2007 ORDER NO.318 OF 2007 ORDER NO.318 OF 2007 inin in NOTICE NOTICE NOTICE OF OF OF MOTION NO.28 OF 2005 MOTION NO.28 OF 2005 MOTION NO.28 OF 2005 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.57 OF 2005 NO.57 OF 2005 NO.57 OF 2005 Mr.P.K.Dhakephalkar,Sr.counsel Mr.P.K.Dhakephalkar,Sr.counsel Mr.P.K.Dhakephalkar,Sr.counsel i/b i/b i/b Mr.Nitin Gangal Mr.Nitin Gangal Mr.Nitin Gangal for for for Petitioners Petitioners Petitioners Ms.Geeta Ms.Geeta Ms.Geeta Joglekar for Respondent no.1 Joglekar for Respondent no.1 Joglekar for Respondent no.1 Mr.Vijay Mr.Vijay Mr.Vijay Hegde Hegde Hegde for Respondent no.2 for Respondent no.2 for Respondent no.2 CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATED DATED DATED : : : 30th July, 2007 30th July, 2007 30th July, 2007 P.C. P.C. P.C. 1.1.1. The learned senior counsel appearing for the The learned senior counsel appearing for the The learned senior counsel appearing for the review review review petitioners (Original Planitiffs) states petitioners (Original Planitiffs) states petitioners (Original Planitiffs) states that that that a Chamber Summons has been taken out by the a Chamber Summons has been taken out by the a Chamber Summons has been taken out by the petitioners petitioners petitioners in in in the trial Court for amendment of the the trial Court for amendment of the the trial Court for amendment of the plaint plaint plaint for the purposes of relying upon certain for the purposes of relying upon certain for the purposes of relying upon certain documents documents documents which are referred to in the Review which are referred to in the Review which are referred to in the Review Petitions. Petitions. Petitions. In the circumstances, he seeks In the circumstances, he seeks In the circumstances, he seeks permission permission permission to withdraw the Review Petitions with to withdraw the Review Petitions with to withdraw the Review Petitions with liberty liberty liberty to prosecute the Chamber Summons. to prosecute the Chamber Summons. to prosecute the Chamber Summons. 2 Accordingly, Accordingly, Accordingly, Review Petitions are dismissed as Review Petitions are dismissed as Review Petitions are dismissed as withdrawn. withdrawn. withdrawn. It is obvious that the trial Court will It is obvious that the trial Court will It is obvious that the trial Court will decide decide decide the pending Chamber Summons on its own the pending Chamber Summons on its own the pending Chamber Summons on its own merits merits merits without being influenced by the disposal of without being influenced by the disposal of without being influenced by the disposal of the the the Review Petitions. All contentions of the Review Petitions. All contentions of the Review Petitions. All contentions of the parties parties parties in the Chamber Summons are expressly kept in the Chamber Summons are expressly kept in the Chamber Summons are expressly kept open. open. open. At this stage, learned senior counsel At this stage, learned senior counsel At this stage, learned senior counsel appearing appearing appearing for the petitioners seeks continuation of for the petitioners seeks continuation of for the petitioners seeks continuation of the the the ad intrerim order passed by this Court on 25th ad intrerim order passed by this Court on 25th ad intrerim order passed by this Court on 25th July, July, July, 2007. The said prayer is opposed by learned 2007. The said prayer is opposed by learned 2007. The said prayer is opposed by learned counsel counsel counsel appearing for the 2nd respondent. appearing for the 2nd respondent. appearing for the 2nd respondent. 2.2.2. Only with a view to enable the review Only with a view to enable the review Only with a view to enable the review petitioners petitioners petitioners to apply for appropriate relief before to apply for appropriate relief before to apply for appropriate relief before the the the trial Court, it is directed that status quo as trial Court, it is directed that status quo as trial Court, it is directed that status quo as of of of today will be maintained for a period of one today will be maintained for a period of one today will be maintained for a period of one week. week. week. It is made clear that continuation of the ad It is made clear that continuation of the ad It is made clear that continuation of the ad interim interim interim order is not on merits but, it is only to order is not on merits but, it is only to order is not on merits but, it is only to facilitate facilitate facilitate the the the review petitioners to move the trial review petitioners to move the trial review petitioners to move the trial Court. Court. Court. The trial Court will decide any application The trial Court will decide any application The trial Court will decide any application made made made by the review petitioners on its own merits by the review petitioners on its own merits by the review petitioners on its own merits without without without being influenced by continuation of the ad being influenced by continuation of the ad being influenced by continuation of the ad interim interim interim relief granted by this court. relief granted by this court. relief granted by this court. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 3