Vishnu Parmanand Shahani And ORS v. Jeetendra Deepak Vazirani And ORS

Megha 30_ao_694_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.694 OF 2016 WITH CIVIL APPLICATION NO.875 OF 2016 IN APPEAL FROM ORDER NO.694 OF 2016 Vishnu Parmanand Shahani and Ors.

...Appellants

Versus

Jeetendra Deepak Vazirani and Ors.

...Respondents

.....

None for the Appellants.

Ms Deepa Pohuja for the Respondent Nos.6 and 7. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE: 26th FEBRUARY, 2019.

P.C.:- By this appeal the Appellant has challenged rejection of adinterim relief in draft notice of motion filed in S.C. Suit No.1985 of 2015 before the City Civil Court, Mumbai. Today, when the matter was called, neither the Appellant nor his counsel was present. The learned counsel for the Respondent Nos.6 and 7 submitted that the notice of motion has itself been dismissed for non prosecution. She has tendered copy of the daily status dated 20/6/2016, which is taken on record and marked 'X' for identification.

Megha 1/2

Megha 30_ao_694_2016.doc 2.

A perusal of the said daily status shows that the notice of motion has itself been dismissed. Hence, the appeal itself has rendered infructuous and is accordingly dismissed.

3.

In view of dismissal of the Appeal from Order, the civil application does not survive and hence stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2