1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LDG.) NO. 277 OF 2009 IN NOTICE OF MOTION NO. 2413 OF 2008 IN SUIT NO. 1188 OF 1984 Kantidevi Premnath Choube & Ors. .. Appellants. (Org.Applicants) V/s. Ramkrishna Shridhar Choube & Ors. .. Respondents. --- Mr. A.K. Maheshwari for the Appellants. Mr. Tanvir Shaikh for Respondent Nos. 1,2, 2(i) to 2(iv), 3 to 5. Mr. Rajesh Shah a/w. Rohan Yagnik i/by M. Gandhi & Co. for Respondent No. 17. --- CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 16th SEPTEMBER, 2009 P.C. : 1. With the consent of the learned counsel appearing for the parties, the Appeal is taken up for hearing and final disposal. 2. Learned counsel appearing for the parties commonly agreed that since Notice of Motion No. 2413 of 2008 is pending for final hearing, without prejudice to the rights and contentions of the parties and without being influenced by the observations made in the Order in the Appeal, the Notice of Motion may be 2 finally disposed of by the learned single Judge. Liberty to the parties to mention before the learned Judge for early hearing of the Notice of Motion. Accordingly, the present Appeal is disposed of. CHIEF JUSTICE A.M. KHANWILKAR, J.