Mr. Arun Shantaram Kelkar And ANR v. Mrs. Sujata Pandya And ORS

AOst-15156-16-(45)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO.15156 OF 2016 WITH CIVIL APPLICATION ST. NO.15157 OF 2016 Arun Shantaram Kelkar & Anr.

..Appellants Vs.

Sujata Pandya & Ors ..Respondents Mr. Mohit Jadhav i/b Ms Swati Gautam for the Appellants Mr. S. Y. Thorat for the Respondents CORAM :

R. M. SAVANT, J.

DATE :

15th JUNE, 2016 P.C.

The order dated 17-5-2016 passed by the Learned Judge of the City Civil Court, Mumbai rejecting the application for ad-interim relief, is taken exception to by way of the above Appeal From Order. The said ad-interim relief has been rejected on the ground that a previous Suit being Civil Suit No.686 of 2016 is pending between the same parties and in respect of the same premises. The Learned Counsel appearing on behalf of the Appellant Mr. Jadhav concedes to the position that the said Suit is in respect of the same premises as also between the same parties, but he contends that in the said Suit the principal relief sought is that the Respondents herein should be restrained from entering the suit premises except by due process of law. In the light of the fact that there is a previous Suit between the mmj

AOst-15156-16-(45) same parties in respect of the same premises, the order passed by the Trial Court rejecting the application for ad-interim reliefs in the present Suit being S. C. Suit St. No.5883 of 2016 cannot be faulted with. In my view, therefore, no case for interference is made out. The Appeal From Order is accordingly dismissed.

In view of the dismissal of the above Appeal From Order, the Civil Application St. No.15157 of 2016 does not survive and to accordingly stand disposed of as such.

[R.M.SAVANT, J] mmj