High CourtsSingle Bench(2018) 01 BOM CK 0170

Silverspring Estates, a partnership firm vs Sequeira & Daughters, a partnership & Ors.

Bombay High Court · Decided on 29 January 2018

HON’BLE JUDGES
C.V. Bhadang
RESULT
Allowed
CASE NUMBER
769 of 2016

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Judgment

9 paragraphs · 188 words
1.

Rule made returnable forthwith. Advocate Ferreira waives service for the respondent no. 1 and Advocate Tendulkar waives service for the respondent nos. 3 and 4. Heard finally by consent of parties.

2.

There was an ad-interim order before the learned Trial Court, directing the respondents not to create any third party interest in the suit property, which was also in operation during the pendency of the appeal. The learned Counsel for the parties submit that the suit is ripe for hearing.

3.

In such circumstances, the petition is disposed of, by consent of parties, in the following terms: O R D E R

(a) The petition is allowed.

(b) The impugned order is hereby set aside.

(c) The respondents are hereby restrained from creating any third party interest in the suit property, pending disposal of the suit.

(d) The Trial Court shall decide the suit as expeditiously as possible and preferably, within a period of one year from the receipt hereof.

(e) Parties to co-operate for time bound disposal of the suit.

(f) Rule is made absolute in the aforesaid terms, with no order as to costs.