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Bombay High CourtCAA/617/2015disposed off

Mr. S.M. Shamim And ORS v. Shri Dilip Lalchand Porwal And ANR

2019-01-22Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

904 AO 478 OF 2015 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.478 OF 2015 WITH CIVIL APPLICTION NO.617 OF 2015 S. M. Shamim and ors ...

Appellants.

V/s.

Dilip Lalchand Porwal and anr ...

Respondents Mr. Suraj N. Naik i/by Raju D. Suryawanshi, for the appellants.

Mr. Ajay Basutkar, a/w Ms. Suvarna Ambure, for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 22nd JANUARY, 2019.

P.C. :

1] Heard learned counsel for the appellant and respondents. 2] The Appeal is directed against the order dated 6.1.2015, passed by Joint Civil Judge Senior Division, Thane, whereby the application at Exh.5 for interim relief came to be dismissed, in the said suit filed in the year 2014. Considering that the order is dated 6.1.2015, and the suit is already fixed for hearing and in this Appeal no such interim relief is granted, it would be just and proper to 1/2

904 AO 478 OF 2015 dispose of the Appeal with direction to the trial Court to decide the suit as expeditiously as possible.

3] In view thereof, Appeal stands disposed off as dismissed. 4] Ordered accordingly.

5] In view of dismissal of Appeal itself, pending Civil Application therein no more survives and the same is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2