Mrs. Yashoda Gowda And ANR v. Hathiramji Mutt And ORS

YBG 24-ao-395-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.395 OF 2015 Mrs. Yashoda Gowda & Ors.

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Appellants

Versus

Hathiramji Mutt & Ors.

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Respondents Mr. V.R.Mishra I/b. Rahul Sharma for appellants Mr. Roop Basu I/b. Ajay G. Khaire for respondent No.1.

CORAM

:

DR.SHALINI PHANSALKARJOSHI, J.

DATE :

17th September 2018.

P.C.

Heard learned Counsel for the parties. Perused the order passed by the trial court. As per the said order, the trial court has refused ad-interim ex parte injunction and issued notice to the defendants. The order is dated 14th January 2015 and it is only in respect of refusal of ad-interim relief.

2] The notice of motion or the application for temporary injunction must be pending before the trial court. In view thereof, there is no point in keeping this appeal pending, especially when the notice of motion is pending before the trial court. Hence the appeal

YBG 24-ao-395-15 stands dismissed.

3] At this stage a request is made for extension of adinterim relief granted by this Court. In my considered opinion, no such case is made out for extension of ad-interim relief. Hence that request is also rejected.

(Dr. Shalini Phansalkar-Joshi, J.) Yogeshwar Bhalchandra Gokhale Bhalchandra Gokhale Date: 2018.09.18 23:03:43 -