Mr. Sachin Omprakash Agarwal v. Mr. Jaideep Kunvarji Rathod And ORS

62 AO 371 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.371 OF 2018 WITH CIVIL APPLICATION NO.481 OF 2018 Sachin Omprakash Agarwal ...

Appellant.

V/s.

Jaideep Kunvarji Rathod and anr ...

Respondents Mr. Shivraj Patne i/by Akshay Petkar, for the appellant.

Mr. Farcan i/by Rajendra B. Mokashi for respondent No.1.

Mr. Sandesh Patil a/w Chintan Shah i/by Anusha P. Amin, for respondent No.4.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 1st OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondents 2] This appeal is preferred against the order dated 14.12.2016, passed by the Joint Civil Judge Senior Division, Thane, thereby rejecting application for temporary injunction. 3] In the appeal also, relief of maintaining status-quo has been specifically rejected by this Court as per order dated 17th February, 2017.

4] In view thereof, at this stage instead of interfering in the 1/2

62 AO 371 OF 2018.odt impugned order passed by the trial Court, it would be appropriate to relegate the parties to proceed with the hearing of the suit itself. Hence Appeal stands disposed off.

5] In view of disposal of Appeal itself, pending Civil Application therein becomes infructuous and the same is disposed off accordingly.

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