Hanifabi Abdul Hafij Pachu Shaikh v. Salim Abdul Rahiman Shaikh And ANR.

(8)WPNo.79152018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7915 OF 2018 Hanifabi Abdul Hafij Pachu Shaikh .... Petitioner

Versus

Salim Abdul Rahiman Shaikh & Anr.

...

Respondents .....

Mr.Vinod P. Sangvikar, Advocate for the Petitioner. ....

CORAM : A.M.BADAR J.

DATED : 7 th NOVEMBER 2019.

P.C. :

This is a petition by the plaintiff challenging rejection of interim application in Miscellaneous Civil Appeal No.126 of 2017. In the appeal what is challenged is rejection of application for temporary injunction under Order XXXIX Rule 1 and 2 by the learned trial Court. As interim Order passed in Miscellaneous Civil Appeal challenging rejection of temporary injunction application is impugned in this petition, this Court declines to exercise its writ jurisdiction for entertaining such challenge. In this view of the matter, the writ petition is disposed of with a direction to the learned Appellate Court to decide Miscellaneous Civil Appeal No.126 of 2017 within a period of four months from today.

Gaikwad RD 1/2

(8)WPNo.79152018.odt Parties to act on authenticated copy of this Order. (A.M.BADAR, J.) Gaikwad RD 2/2