M/S. Spaciablility Developers v. Amol Shankarrao Parab And Others

25 ao 765-22=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 765 OF 2022 WITH INTERIM APPLICATION NO. 16897 OF 2022 M/s. Spaciability Developers .. Appellant V/s.

Amol Shankarrao Parab and Ors.

..Respondents ---- Mr. Pramod Bhosle i/b Sharad Bhosle for the Appellant. Mr. Vishwajit Sawant, Senior Advocate a/w P.M. Jadhav for Respondent No.1.

Mr. Sandip Parekh a/w Veerdhaval Kakade for Respondent Nos. 2 to 5.

---- CORAM : C.V. BHADANG, J.

SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2022.08.06 15:03:35 +0530 DATE : 5 AUGUST 2022 P.C.

.

The challenge in this appeal is to the order refusing interim injunction restraining the Respondents-defendants from creating 3rd party interest in the suit property.

2.

The learned counsel for the Appellant submits that during the pendency of the suit, third party rights have already been created and therefore, the appeal is rendered infructuous. The only limited prayer is to expedite hearing of the suit. 3.

In such circumstances, the appeal is disposed of. Sneha Chavan page 1 of 2

25 ao 765-22=.doc 4.

The Trial Court shall proceed to hear and dispose of the suit as expeditiously as possible.

5.

The parties to co-operate for expeditious disposal of the suit.

All rival contentions of the parties are left open. 6.

Pending interim application is disposed of.

C.V. BHADANG, J.

Sneha Chavan page 2 of 2