Anil Kisanlal Marda v. M/S. Sunit Associates And ORS

rsk 603-AO-1213-10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1213 OF 2010 WITH CIVIL APPLICATION NO.1105 OF 2019 WITH CIVIL APPLICATION NO.1790 OF 2010 Anil Kisanlal Marda ..Appellant Vs.

M/s. Sunit Associates and Ors.

..Respondents ---- None for the Appellant.

None for the Respondents.

---- CORAM : G.S. KULKARNI, J.

DATE : FEBRUARY 10, 2023.

P. C.:

1.

By order dated 6/1/2011, this Appeal was admitted by passing the following order:

"

Admit.

Heard learned counsel for respective parties on the question of grant of interim relief. The only question that is to be decided in the present appeal is as to whether respondent-defendants have breached the order of statusquo or not. 2.

If the entire suit is stayed, ad-interim ex-parte order which is in favour of the present appellant would continue during pendency of the appeal. In that view of the matter it is directed that the suit shall be stayed except hearing of an application for injunction. Needless to state that irrespective of outcome of the proceedings for injunction by RAJESHWARI SUBODH KARVE Date:

2023.02.15 16:08:49 +0530 RAJESHWARI SUBODH KARVE

rsk 603-AO-1213-10.doc It is made clear that learned trial court would dispose of the application for injunction after considering the merits of the matter and after hearing the parties.

Mr.Bandiwadekar waives service for respondent Nos.1A and 1C."

2.

None for the Appellant. Considering that the Appeal is of the year 2010, it appears that the Appellant is not interested to prosecute the present Appeal. It is dismissed for want of prosecution. No costs.

3.

In view of disposal of the Appeal, the Civil Applications do not survive and are also disposed of.

[G. S. KULKARNI, J.]