PNP 1 APP801-10=15.9 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.801 OF 2010 IN NOTICE OF MOTION NO.1547 OF 2010 IN SUIT NO.1514 OF 2010 WITH NOTICE OF MOTION NO.2092 OF 2010 IN APPEAL NO.801 OF 2010 IN NOTICE OF MOTION NO.1547 OF 2010 IN SUIT NO.1514 OF 2010 Papeyon Developers Pvt. Ltd. ..Appellant. Vs. Dallas Traders & Developers Pvt. Ltd. and others ..Respondents. .... Mr. Ravi Kadam, Advocate General with Mr. P.K. Samdani, Senior Advocate with Mr. Chetan Kapadia, Mr. Parimal K. Shroff, Mr. D.V. Deokar, Mr. Vismay Shroff, Ms. Tania Johny i/b M/s.Parimal K. Shroff & Co. for the Appellant. Mr. Virendra Tulzapurkar, Senior Advocate with Mr. Shyam Mehta, Mr. Mustafa Doctor with Mr. Ajay Vazirani, Mr. Nirav Jani, Mrs. Heena Chheda, Mr. Amey Nabar i/b Hariani & Co. for Respondents 1 and 2. Mr. A.Y. Bookwala, Senior Advocate i/b Anirban Tripathy for Respondent No.7. ..... CORAM : MOHIT S. SHAH, C. J. & DR. D.Y.CHANDRACHUD, J. 15 September 2010. PNP 2 APP801-10=15.9 P.C. : 1. The appeal is against the order dated 1 July 2010 of the Learned Single Judge declining to grant ad interim relief and adjourning the hearing of the Notice of Motion. The prayer in the Notice of Motion is as under : “(a) That pending the final hearing and disposal of the above suit, the Defendants No.1, 2 and 7 and their servants and agents and/or any other person claiming through them be restrained by an order and injunction of this Hon’ble Court from in any manner interfering with or intermeddling with or disturbing the possession of the Plaintiffs in respect of the property known as “Bubbies” situate at Pali Mala Road, Bandra (West), Mumbai 400 050 and more particularly described in Exhibit “A” to the Plaint, in any manner whatsoever.” 2. At the hearing of the Appeal, Mr. Tulzapurkar, learned senior counsel appearing for Respondents 1 and 2 and Mr. Bookwala, learned senior counsel appearing for Respondent No.7 make a statement in terms of the above prayer till the hearing of Notice of Motion 1547 of 2010. In view of the above, we dispose of the Appeal after recording the above statement and with a direction that the Respondents shall file their reply within two weeks and the Appellant shall file rejoinder within one week thereafter. It is clarified that Respondents 1 and 2 have made the above statement without prejudice to their rights and contentions in the Notice of PNP 3 APP801-10=15.9 Motion and without prejudice to their right to institute any other proceedings. In view of the disposal of the Appeal, Notice of Motion 2092 of 2010 becomes infructuous and stands disposed of. CHIEF JUSTICE (DR. D.Y.CHANDRACHUD, J.)