1. Jyoti Metharam Khiani ]

2. Sanjay Metharam Khiani (since deceased) ]

3. Devansh Khiani

R/at: Urvashi Building, Flat No. 192

19th Floor, Nepean Sea Road,

Mumbai 400 036. ] ...Applicants

In the matter between :

1. Arjan Motiram Khiani

(since deceased, through LRs) ]

1(a) Malti Arjan Khiani, ]

1(b) Rishi Arjan Khiani ]

1(c) Karan Arjan Khiani ]

1(d) Pooja Arjan Khiani ]

2. Raj Motiram Khiani

R/at: 6, Brij Bhavan, Peddar Road,

Mumbai 400 026. ]

3. Ashok Motiram Khiani

R/at: A-31, Darshan Apartments,

Mount Pleasant Road, Malabar Hill,

Mumbai 400 026. ] ...Appellants.

Versus

1. Metharam Rijhumal Khiani

(Deleted since expired on 23.02.2019) ]

2. Nari Rijhumal Khiani

R/at: 91B, Embassy Apartments

46, Nepean Sea Road, Mumbai 400 036. ]

3. Sunder Rijhumal Khiani

(Deleted since expired on 02.08.2017) ] 3a. Laju Sunder Khiani ]

3b. Manoj Sunder Khiani ]

3c. Manisha Sunder Khiani

All R/at: 14, Shri Jorawar Bhava

93M, Karve Marg, Marine Lines,

Mumbai 400 020. ]

4. Sitabai Rijhumal Khiani

(Deleted since expired on 8-10-1998) ]

5. Jyoti Metharam Khiani ]

6. Sanjay Metharam Khiani

(since deceased, through LRs) ]

6(a) Reshma Sanjay Khiani ]

6(b) Rahul Sanjay Khiani ]

7. Priya Metharam Khiani ]

8. Devansh Metharam Khiani

R/at: Urvashi Building, Flat No. 192

19th Floor, Nepean Sea Road,

Mumbai 400 036. ] ...Respondents.

Mr. Aspi Chinoy, Senior Advocate a/w Mr. Ramesh Soni, Mr. Archit Jayakar, Ms. Bhoomi Upadhyay i/b Jayakar and Partners for Respondents/Original Appellants.

Mr. Pravin Samdani, Senior Advocate a/w Ms. Kausar Banatwala, Ms. N. Thakkar i/b Mr. Tushar A. Goradia for Respondent No. 8.

Mr. Farhan Dubash, Ms. Harshal Manik, Mr. Gobinda C. Mohanty i/b Mohanty and Associates for Applicant and Respondent Nos. 5 to 7.

Coram : Sharmila U. Deshmukh, J.

Reserved on : 24th April, 2025.

Pronounced on : 30th April, 2025.

ORDER :

1. The instant Interim Application has been preferred by the original Defendants-Respondents in the First Appeal. The First Appeal impugns the judgment dated 15th June, 2019 of dismissal of Suit No 7559 of 1981 by the City Civil Court. The prayer in the Interim Application is for lifting of the operation of lis pendens in respect of the schedule property. For sake of convenience, the Appellant who are the Respondents in the Interim Application are referred to as ‘Plaintiffs’ and the Applicants are referred to as ‘Defendants’.

FACTUAL MATRIX:

2. For clarity, a brief exposit of facts is necessary. Suit No. 1452 of 1981 was filed seeking inter alia division of the properties mentioned in Exhibit-B to the Plaint between the parties in equal half shares and necessary directions to effectuate the same i.e. rendering and taking accounts and valuation of properties. The Plaintiffs case was that the distribution of the assets of the four firms between the Plaintiffs group and Defendants group under an Interim Award of 27th April, 1975 is null and void and of no effect in absence of Final Award being passed upon the finalisation of accounts and determination of amounts due and payable. The Defendants after being allotted high value properties did not participate in further proceedings and Final Award could not be passed.

3. The suit came to be resisted by the Defendants contending that there was just and fair distribution of the assets on the basis of valuation and the interim award was fully implemented and acted upon.

4. The suit of the year 1981 was initially filed in the High Court and upon enhancement of the pecuniary jurisdiction of City Civil Court, the suit came to be transferred to City Civil Court. Vide impugned judgment dated 15th June, 2019, the suit has been dismissed. During pendency of the suit, there were no interim reliefs in favor of the Plaintiff