Baikunth Properties Pvt. Ltd. v. Mr. Rashmikant Zaverchand Shah

25-AO576-14.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 576 OF 2014 WITH CIVIL APPLICATION NO. 699 OF 2014 Baikunath Properties Pvt Ltd ...Appellant

Versus

Rashmikant Zaverchand Shah

...Respondent

None for the Appellant.

Mr ST Sarla, for the Respondent.

Mr Rashmikant Zaverchand Shah, Respondent present. CORAM: G.S. PATEL, J DATED:

10th July 2017 PC:- 1.

None for the Appellant even on the second call. The Appeal is of 2014. It is directed against an interim order of 2012 dismissing the Plaintiff's Notice of Motion. The learned Judge of the City Civil Court declined interim relief inter alia finding the Plaintiff in possession of the property, and also that it was the Defendant and his wife who had a right and interest in property. The learned Judge felt that the interim relief sought would, if granted, finally decide the suit. He dismissed the Motion, in my view quite correctly. 10th July 2017

25-AO576-14.DOC 2.

The interim order calls for no interference.

3.

The Appeal is dismissed. No costs.

4.

The Civil Application does not survive and is disposed of accordingly.

5.

All interim orders in the Appeal are vacated. (G. S. PATEL, J.) 10th July 2017