Mrs. Genevieve Robert Pereira And Others v. Mr. Roman Duming Kinny And Others
Megha 32_ao_626_2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.626 OF 2022 WITH INTERIM APPLICATION NO.9852 OF 2022 IN APPEAL FROM ORDER NO.626 OF 2022 Mrs. Genevieve Robert Pereira and Anr.
...Appellant
Versus
Roman Duming Kinny and Ors.
...Respondents
...
Mr. Viraj Parekh i/b. Mr. Saurabh Godbole for the Appellant. Mr. Dhananjayrao Rananaware with Mr. Chetan Rathod for the Respondents.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 5th JULY, 2022.
P. C. :- 1.
The Appellant herein has challenged order dated 11th May 2022, passed by the learned Judge, City Civil Court, Greater Mumbai at Dindoshi Borivali Division, Mumbai, whereby the learned Judge has declined to grant ad-interim relief.
2.
On 01/07/2022 the learned counsel for the Respondent had made a statement that the Respondents shall not carry out any construction in the suit property till the next date of hearing. 1/2
Megha 32_ao_626_2022.doc 3.
Learned counsel for the Respondents, under instructions states that the Respondents shall abide by the said statement and that they shall not carry out any construction in the suit property till the notice of motion is decided on merits. Statement is accepted as an undertaking to the Court.
4.
With consent, the impugned order is set aside. Both parties state that they will complete the pleadings within four weeks. Learned Judge, City Civil Court, Greater Mumbai at Dindoshi Borivali Division, Mumbai, to dispose of the Notice of Motion within a period of four weeks from the date the pleadings are completed. It is made clear that this Court has not gone into the merits of the matter. The Notice of Motion shall be decided on its own merits and in accordance with law. 5.
The appeal stands disposed of.
6.
Pending application (s), if any, stand (s) disposed of in view of disposal of the appeal.
(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:
2022.07.08 19:29:55 +0530 MEGHA S PARAB 2/2