1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3375 OF 2009 IN SUIT NO. 1861 OF 2002 Raishi S. Chheda & Ors. ...Plaintiffs. Vs. Dhirajlal Raishi Chheda & ors. ...Defendants. Mr. J.G. Shukla for the Plaintiffs. Mr. Indu Prakash i/by M/s. G.S. Bhat for Defendant Nos. 1 and 2. CORAM :- ANOOP V. MOHTA, J. DATED :- 11th December, 2009. P.C.- 1 The Plaintiffs have taken out this Notice of Motion for the reliefs as per prayer clauses (a) and (b), which are as under:- “a) that pending the hearing and final disposal of the suit No. 1861 of 2002 including Counter Claim No. 2571 of 2004 this Hon’ble Court be pleased to grant order and injunction thereby restraining the 1st Defendant from in any manner proceeding with any pending suits and/or proceedings as mentioned in Exhibit “O” to the Affidavit in support of the present Notice of Motion, and/or any proposed suit and/or proceedings to be filed by the 1st Defendant against the Plaintiffs in any court of law in respect of the suit properties and/or any part thereof; b) In the alternative to prayer clause (a) hereinabove, pending the hearing and final disposal of the suit No. 1861 of 2002, including Counter Claim No. 2571 of 2 2004 this Hon’ble Court be pleased to grant order and injunction thereby restraining the 1st Defendant from in any manner acting upon and/or proceeding upon and/or enforcing and/or implementing and /or claiming any rights upon the documents viz. Purported Family settlement dated 25/06/1993 including all other documents incidental and/or co-related and/or inter- connected to the said Family Settlement dated 25/06/1993, as listed in Exhibit “M”. To the affidavit in support of this Notice of Motion, in any suits and/or proceedings as mentioned in Exhibit “O” to the Affidavit in support of the present Notice of Motion and/or in any proposed suits and/or proceedings to be filed by the 1st Defendant against the Plaintiffs in any court of law thereby claiming any rights in the suit properties or any part thereof including shop no.23, save and except in the present suit and the Counter claim;” 2 Admittedly, the earlier Notice of Motion No. 3206 of 2007, was taken out by the Plaintiffs in the same suit and disposed of on 26th February, 2008. Though the various similar reliefs were sought, but restricted only to prayer clause (b). Prayer clause (a) of the Notice of Motion is reproduced as under:- (a) that this Hon’ble Court be pleased to grant order and injunction thereby restraining the 1st Defendant, his family members, agents and servants from proceeding and/or persuading in any manner whatsoever any suits and/or proceedings filed by the 1st Defendant against the Plaintiffs in any court of law thereby claiming rights, title and interest in any manner whatsoever in the suit property based on the documents which are under challenge in the present suit, till the disposal of the above suit.” 3 The present suit, as well as, other suits are pending, at various stages including of recording the evidence. The submission that there is change 3 of circumstances in view of the forensic document and even otherwise, it is necessary to club all these matters together, as basic parties as well as, issues are common, same and identical, prima-facie I am convinced that having once raised the specific prayer in the year 2007, but not pressed, that itself is a sufficient ground not to permit the Plaintiffs to re-agitate the same issue again, as that will definitely halt and stop the other pending proceedings. The reliefs so sought in this matter though based upon the same/ common document, are difficult to grant at this stage. Such proceedings/ suits cannot be clubbed together merely because one document is relied upon in all these proceedings. Even otherwise, the disputed documents, even if any, need to be considered during the trial and the Court will pass appropriate order based upon the same. It is therefore, not necessary to restrain the parties and or halt the proceedings of other suits for this reason also. 4 It is made clear that, I am not deciding the rival contentions raised in this motion. That will be decided by the Court during the trial. 5 Considering above, the present Notice of Motion is dismissed. No order as to costs. (ANOOP V. MOHTA, J.)