M.Y.EQBAL, KURIAN JOSEPH
RAZIA AMIRALI SHROFF – Appellant
Versus
NISHUVI CORPORATION – Respondent
Order
M.Y. Eqbal, J.
Delay in filing the review petition is condoned.
2. By this review petition, the petitioners are seeking limited review of the judgment dated 8th April, 2015 passed by this Court in Civil Appeal No.5514 of 2012 and other connected matters (reported in (2015) 6 SCC 412) to the extent that the said judgment has not considered or decided the issue raised in the petitioners’ C.A.No.5514 of 2012 regarding the petitioners’ entitlement to ad-interim relief under Section 9A(2) of the Code of Civil Procedure (Maharashtra Amendment) during the consideration of preliminary issue under Section 9A(1) of the Code.
3. A separate interlocutory application being I.A. No.6 of 2012 had been filed praying therein that pending the appeal this Court may pass appropriate order to restrain the respondents, their agents, servants or representatives from carrying out any development or any construction or creating any rights, title or interest in favour of any third party.
4. Mr. Shekhar Naphade, learned senior counsel appearing for the petitioners, drew our attention to paragraph 7 of the review petition and submitted that review petitioners have categorically stated in the petition that th
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