M/S. Suketan Properties Pvt. Ltd. v. Lynette Lucas Miranda And ORS

skc 910-AO-475-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 475 OF 2014 M/s. Suketan Properties Pvt. Ltd.

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Appellant vs.

Lynette Lucas Miranda & Ors.

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Respondents None for Appellant.

None for Respondents.

CORAM : M. S. SONAK, J.

DATE : 31 MARCH 2017 P.C :

1] None for the appellant.

2] The challenge in this Appeal is to the order dated 7 March 2014 made by the learned Trial Judge granting interim reliefs to the respondents - plaintiffs in the suit.

3] This appeal was admitted on 5 May 2014. However, on the same date, this Court, declined to grant any stay on the operation of the impugned order. The Civil Application No. 555 of 2014 was accordingly dismissed.

4] The aforesaid means that from 7 March 2014 onwards, the interim relief granted by the learned Trial Judge in favour of the respondents is in operation. The suit is of the year 2014 and it is 1/2

skc 910-AO-475-14.doc reasonable to presume that even the trial in the suit has already commenced.

5] In such a situation, there is no point in interfering with the impugned order. The appeal is accordingly dismissed. However, it is clarified that the learned Trial Judge, in disposing of the suit, need not be influenced by any observations in the impugned order or dismissal of this Appeal. The suit will have to be disposed of on its own merits and in accordance with law.

6] With the aforesaid observations, this Appeal is disposed of. (M. S. SONAK, J.) Chandka 2/2