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Bombay High CourtCAA/443/2017disposed off

Shivram Developers A Partnership Firm Thr. Its Partners Dilip Madanlal Bhootra v. Mrs. Shabab Bilal Parihar, And ORS

2017-04-24Hon'Ble Shri Justice A.A. Sayed2 pages

k 22 ao st 10342.17 with caa in ao as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.10342 OF 2017 WITH CIVIL APPLICATION (STAMP) NO.10343 OF 2017 IN APPEAL FROM ORDER (STAMP) NO.10342 OF 2017 Shivram Developers ... Appellant/Applicant vs.

Mrs. Shabab Bilal Parihar & Ors.

... Respondents Ms. Anita A. Agarwal for the Appellant/Applicant. None for the Respondents.

Coram : A.A.Sayed, J.

Date : 24 April 2017 P.C. :

The order challenged in this Appeal is an ad-interim order dated 12 January 2017. The operative part of the order reads thus: "1.

The parties or any person claiming through them are directed to maintain statusquo till filing of say by newly join defendants.

2.

The plaintiffs to comply order 39 rule 3 of the code in respect of newly joined defendants.

3.

The costs will follow the event."

It is seen that the direction of maintaining status-quo is only till the filing of the Say by the Appellant. In the circumstances, I am not inclined to interfere with the impugned order. Upon the Appellant filing 1/2

k 22 ao st 10342.17 with caa in ao as.doc Reply, the trial Court to consider whether the status-quo is required to be extended and decide the Application expeditiously. With the above said observations, the Appeal from Order is disposed of.

The Civil Application does not survive and also to stand disposed of.

(A.A.Sayed, J.) katkam 2/2