Abutayyab Khudbuddin Mulla v. Prahlad Dattu Nagare And ORS

21.93.21 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 93 OF 2021 Abutayyab Khudbuddin Mulla ....Petitioner V/s.

Prahlad Dattu Nagare and Ors .....Respondents Mr. Saurabh S. Oka for the Petitioner CORAM :

NITIN W. SAMBRE, J.

DATE:

JANUARY 13, 2021.

P.C.:

1] Heard.

2] Special Civil Suit No. 19/2012 came to be dismissed on 18/03/2019 at the stage of recording of evidence. 3] Prayer of the Petitioner for restoration is dismissed on the very same day and that being so, MA No. 38 of 2019 are pending for 1/2

21.93.21 wp.doc restoration of the Suit.

4] Order impugned is rejection of prayer for injunction moved during pendency of MA No. 38 of 2019.

5] On merit, I hardly see any reasons which warrants interference in the impugned order particularly when there is no element of irreparable loss is established. As such, Petition stands dismissed. 6] However, in the aforesaid backdrop, particularly when suit was pending since 2012, it will be appropriate to expedite the hearing on 38 of 2019. Petitioner assures that he shall co-operate with the Court below in expeditious disposal of the suit proceedings. [NITIN W. SAMBRE, J.] 2/2