M/S Arunkumar And Co. v. Brajesh Ganpatlal Bhavsar And Others

1 CAC 201-10 @ CAC 202-10 (Order-2) .doc-904

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.202 OF 2010 IN CIVIL REVISION APPLICATION NO.385 OF 2010 M/s. Arunkumar & Co.

] ... Applicant/ Org. Defendant No.4

Versus

Brajesh Ganpatilal Bhavsar and Ors.

] ... Respondents WITH CIVIL APPLICATION NO.201 OF 2010 IN CIVIL REVISION APPLICATION NO.386 OF 2010 M/s. Khandelwal Engineering Co. Ltd.

] ... Applicant/ Org. Defendant No.5

Versus

Brajesh Ganpatilal Bhavsar and Ors.

] ... Respondents Mr. Ajay Panicker i/b Ajay Law Associates for Applicants. Mr. Gauraj Shah i/b Bharati Singh for Respondents. CORAM :- M. S. SONAK, J.

DATE :- JULY 29, 2015 This order is corrected as per 'Speaking to Minutes' order dated 12 August 2015. URS

2 CAC 201-10 @ CAC 202-10 (Order-2) .doc-904 P. C. :- 1.

The eviction decree has been impugned in the Civil Revision Application has already been executed. By these Civil Applications, the Applicants seek restoration of possession. 2.

No case is made out to grant such extraordinary relief at the interim stage. Similarly, no restraint can also be imposed upon the landlord in dealing with their own property during the pendency of the Civil Revision Application. Needless to add that in case the Civil Revision Application is allowed, the Applicants will be entitled to apply for and seek restitution under Section 144 of the CPC or principles analogous thereto. Accordingly, these Civil Applications are disposed of with the aforesaid observation.

(M. S. SONAK, J.) This order is corrected as per 'Speaking to Minutes' order dated 12 August 2015. URS