Shri Deendayal R. Sarda v. Rupnarayan R. Sarda

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.03.25 15:30:05 +0530 16-AO-1137-2015.odt SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1137 OF 2015 WITH CIVIL APPLICATION NO.370 OF 2018 Deendayal R. Sarda ...Appellant Vs Rupnarayan R. Sarda

...Respondent

...

Ms. Kavita A. Shah for the Appellant.

Ms. B. Anita for Respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 25, 2022.

P.C. :

Heard.

st August, 2015 This appeal challenges the order dated 1 by which the learned Judge, City Civil Court, Greater Mumbai restrained the defendant by temporary injunction from selling or in any manner dealing with or disposing off or parting with possession of the suit premises i.e. Room No.11, Purushottam Niwas (Ravi Villa), situated at 31, Dadiseth Agiary Lane, Mumbai. Pending appeal, the trial in the Suit No.2763 of 2012 has commenced. Parties Shivgan 1/2

16-AO-1137-2015.odt to the suit are in the process of leading the evidence. The impugned order is in force since August, 2015. In that view of the matter, it would be appropriate if the trial Court is requested to expedite the trial in the Suit No.2763 of 2012 and decide the same on its own st merits without being influenced by the impugned order dated 1 August, 2015. The trial Court shall make an endeavour to dispose of th April, 2023.

the suit preferable before 30 Appeal is disposed of in the aforesaid terms. As the appeal itself is disposed of, nothing survives in the civil application therein and same is disposed of. (SANDEEP K. SHINDE, J.) Shivgan 2/2