PNP 1 APPL734-27.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEL (LODG.) NO.734 OF 2010 IN NOTICE OF MOTION NO.131 OF 2010 IN TESTAMENTARY PETITION NO.947 OF 2010 WITH NOTICE OF MOTION NO. OF 2010 IN APPEAL (LODG.) NO.734 OF 2010 Prakash Shyam Masand and another ..Appellants. Vs. Haresh Karnani and others ..Respondents. ..... Ms. Armin Wandrewala with Ms. Meenaz Merchant i/b Mr. Haresh G. Ganatra for the Appellants. Ms. Ratna Bhargavan for Respondents 1 to 3. Mr. Dipak Deshmukh h/f Mr. Kapil Shetye for Respondent No.4. ... CORAM :MOHIT S. SHAH, C.J. & DR.D.Y.CHANDRACHUD, J . 27 October 2010. P.C. : 1. Having heard the learned counsel for the parties, we are of PNP 2 APPL734-27.10 the view that since the order under appeal is only an ad interim order and the Appellants Original Respondents are yet to file their – reply, interests of justice would be served if this appeal is disposed of in terms of the following directions : i) The Appellants Original Respondents shall file an affidavit in – reply to the Notice of Motion by 25 November 2010. The Respondents Original Petitioners shall file rejoinder affidavit – within ten days thereafter and the Learned Single Judge shall take up the Notice of Motion for hearing by 15 December 2010; ii) The ad interim injunction granted on 11 October 2010 shall continue till 22 December 2010 unless in the meantime the Notice of Motion is heard and decided by the Court on merits; iii) Till 22 December 2010, none of the parties to these proceedings shall transfer or alienate their right or interest in the suit property. 2. It is stated that a copy of the Probate Petition has already been sent to the Appellants. However, a copy thereof shall again be served on the learned counsel for the Appellants. The Appellants shall also be served with a citation of the filing of the Probate Petition by the Respondents. The Appeal as well as the Notice of Motion in the Appeal PNP 3 APPL734-27.10 stand disposed of. CHIEF JUSTICE (DR. D.Y.CHANDRACHUD, J.)