1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.917 OF 2009 IN CHAMBER SUMMONS NO.959 OF 2007 IN CHAMBER SUMMONS NO.513 OF 2007 IN SUIT NO.8591 OF 1969 Ibrahim G.Shaikh & Ors. ..Appellants V/s Fizza N. Khambatti & Ors. ..Respondents ---- Mr.Hiralal Thakkar with Ms.Naina Dutia i/by M/s.Nameet & Co. for the appellants. Mr.Umesh Shetty for the respondent no.1. Mr.Lokhandwalla for the respondent nos.11-a, 11-b, 11-e & 11-f. ---- Coram : R.S.MOHITE,J Date : 7th October, 2009. PC 1 Heard both sides. Both Counsels agree that certain important aspects relating to the prayers in the Chamber Summons as well as validity of the gift deed have not been considered by the trial Court. It is agreed that the validity of the gift deed should be tested on the basis of Mohammedan Law and not on the basis of Transfer of Property Act. Advocate for the respondents states that on the face of the document there are blanks and other features which must lead to the conclusion that the gift is invalid. He states that this aspect of the matter has also not been considered. Advocate for the respondents further states that it is an admitted position that there is a Court Receiver on the property and therefore, according to him a gift could not be executed. He states that this aspect of the 2 matter has also not been considered in the impugned order. The aspect that there are blanks and other features which would negate the gift is denied by the appellants’ Advocate though he agrees that these aspects have not been dealt with in the trial Court. So also the judgment of the Apex Court in the case of Phoolchand & Anr Vs. Gopal Lal reported in AIR 1967 SC 1470, which lays down that it is possible for a civil Court to pass two preliminary decrees, also requires consideration. 2 In the circumstances, Appeal is allowed and the impugned judgment and order is quashed and set aside and the Chamber summons is remanded to the trial Court for passing a fresh order after hearing the parties. The said order will consider and deal with the aforesaid aspects. Chamber summons to be heard expeditiously and the same may be disposed off along with Chamber Summons No.243 of 2009. (R.S.MOHITE,J) 3