JYOTI METHARAM KHIANI Vs. METHARAM RIJHUMAL KHIANI

JUDGEMENT

(1.) The instant Interim Application has been preferred by the original Defendants-Respondents in the First Appeal. The First Appeal impugns the judgment dtd. 15/6/2019 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'.

(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 27/4/1975 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.