Anis Ahmed Toufeeq Choudhary v. Abdul Gani Nizamuddin Shaikh And ORS

Tikam 1/2 47 AO 734 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VAISHALI ANIL TIKAM APPEAL FROM ORDER No.734 OF 2019 WITH CIVIL APPLICATION No.878 OF 2019 IN APPEAL FROM ORDER No. 734 OF 2019 by VAISHALI ANIL TIKAM Date:

2022.04.11 14:56:42 +0530 Anis Ahmed Toufeeq Choudhar ...Appellant/ Applicant Vs.

Abdul Gani Nizamuddin Shaikh and Ors.

...Respondents

* * * * Mr. J.S. Yadav i/b. B.P. Shukla for Appellant Coram : Sandeep K. Shinde, J.

Dated: 7 th APRIL, 2022.

P.C. :

1.

Pending Short Cause Suit No. 2803 of 2018, instituted by the appellant/plaintiff, under Section 6 of the Specific Relief Act, 1963, learned trial Court restrained the defendants from creating third party right in the suit property, but refused to appoint 'receiver'. That order is under challenge.

2.

Mr. Thorat, learned counsel for the appellant, on instructions, submits that, trial in the suit, has progressed, and 'Cross' of defendants' witness is underway. In this view of the

Tikam 2/2 47 AO 734 of 2019 matter, Mr. Thorat, learned counsel, does not press the Appeal and submits let the suit, be disposed of within reasonable time. Submissions are reasonable. Thus, in consideration of the facts of the case, the learned trial Judge is requested to conclude the trial in Short Cause Suit No. 2803 /2017 preferably before 30th June, 2022.

3.

It is made clear that this Court has not heard the appeal on merits.

4.

As the appeal itself is disposed of, nothing survives in the civil application therein and same is also disposed of. (Sandeep K. Shinde, J.)