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Bombay High CourtAO/392/2016

Dilip Harischandra Muranjan v. Vijayaben M. Dodiya And ORS

2018-09-14Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

901 AO 392 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.392 OF 2016 WITH CIVIL APPLICATION NO.504 OF 2016 IN APPEAL FROM ORDER NO.392 OF 2016 Dilip harishcandra Muranjan ...

Appellant V/s.

Vijayaben M. Dodiya and ors ...

Respondents Mr. Kunal Bhanage, for the Appellant.

Mr. Anil Rajnath Mkishra, for respondent Nos. 1 to 4. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 14th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for the appellant and respondents. 2] This Appeal is directed against the order dated 22nd February, 2016, passed by City Civil Court Mumbai in Draft Notice of Motion in S.C. Suit No.10 of 2016, thereby granting ad-interim relief in terms of prayer clause (a) and (b) of the Notice of Motion. 3] Admittedly the said order of ad-interim relief is running since 22nd February 2016, the notice of Motion is yet pending before the trial Court. Hence it would be appropriate and in the fitness of the things that if the order of ad-interim relief is extended till the decision 1/2

901 AO 392 OF 2016.odt of the Notice of Motion and the hearing of the Notice of Motion is expedited.

4] Accordingly, the ad-interim relief granted by the trial Court, on 22nd February, 2016 is extended till decision of the Notice of Motion. The trial Court is directed to decide the Notice of Motion as expeditiously as possible.

5] Appeal stands disposed off in above terms.

6] In view of disposal of Appeal itself, Civil Application therein no more survives and the same is disposed off accordingly. 7] The parties to act on the authenticated copy of this order. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2