Lataben Jayantilal Mehta And ANR v. Dr. Dilip Jayantilal Mehta

Rane 1/2 AO-920-2019-SR.10 28.2.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 920 OF 2019 ALONGWITH CIVIL APPLICATION NO. 1091 OF 2019 LATABEN JAYANTILAL MEHTA AND ANR.

} APPELLANTS V/S.

DR. DILIP JAYANTILAL MEHTA } RESPONDENT * * * * Ms. Nidhi Boriya i/by. Mr. Jitendra J. Shah, Advocate for the appellants.

Mr. Yash Momaya a/w. Ms. Dhanshree Gaikaiwari i/by.

Bilawala & Co., Advocate for the respondent.

Coram : Sandeep K. Shinde, J.

Monday, 28th February, 2022.

P.C. :

1) Heard learned Counsel for the parties.

2) Appellant-defendant, in S.C. Suit No.406/2009 has preferred this Appeal, challenging the order dated 25th February, 2019 by which the learned trial Court directed the parties to maintain the status-quo in respect of the

Rane 2/2 AO-920-2019-SR.10 28.2.2022 existing rights and title of the property including change in nomination in the Society's record till the next date. Having regard to the "nature" of the impugned order, I do not think it proper to examine its legality; reason being, it was passed in February, 2019 and that too for a limited period. In consideration of this fact, the learned trial Court is requested to dispose of the Notice of Motion expeditiously and preferably before 30th April, 2022. However, till then, the operation of order dated 25th February, 2019 shall continue.

3) Appeal from Order is disposed of in the aforesaid terms.

4) With disposal of the Appeal from Order, Civil Application No. 1091 of 2019 does not survive. The same also stands disposed of.

NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2022.03.01 17:55:49 +0530 (Sandeep K. Shinde, J.)