Mr. Abdul Quyyum Alauddin Athania v. M/S. Hitech Hafizi Town Developers And ORS

(P-2) AO 237-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 237 OF 2016 WITH CIVIL APPLICATION NO. 314 OF 2016 IN APPEAL FROM ORDER NO. 237 OF 2016 Mr. Abdul Quyyum Alauddin Athania ... Appellant

Versus

M/s. Hitech Hafizi Town Developers & Ors.

...Respondents

.....

Mr. S. S. Dube for the Appellant.

Mr. Danshi Shah i/b M/s. Deepak Chitnis-Chiparikar & Co. for the Respondents.

CORAM : G. S. KULKARNI, J.

DATE : 21 st APRIL, 2016.

P. C. :

1.

Not on board. Taken on board.

2.

This appeal arises out of an ad interim order dated 23.12.2015 where an ad interim relief as sought by the appellant in a Notice of Motion filed in L.C. Suit No. 3387 of 2015 has been rejected. The learned counsel for the appellant fairly states that the appellant would be interested to pursue with the hearing of the Notice of Motion which is pending before the Trial Court. In this 1/2

(P-2) AO 237-16 view of the matter no further adjudication of this Appeal from Order would be necessary. The appellant is at liberty to approach the Trial Court with the request to take up the hearing of the Notice of Motion which request would be considered by the Trial Court on its own merits.

3.

The Appeal from Order is, accordingly, disposed of. No order as to costs.

4.

As the Appeal from Order is disposed of nothing survives in the Civil Application which would thus stand disposed of. (G. S. KULKARNI, J.) 2/2