Bombay Social Services, Mumbai And ORS. v. Ahmed Haji Mohammed Terai (Deleted) Gulsehra Ahmed Terai And ORS.

05-IA-19731-2022-Corrected Order.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19731 OF 2022 IN FIRST APPEAL (STAMP) NO. 24803 OF 2022 Bombay Social Services and Ors.

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Applicants

IN THE MATTER BETWEEN

Bombay Social Services and Ors.

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Appellants

Versus

Ahmed Haji Mohammed Terai (Deleted) Gulsehra Ahmed Terai and Ors.

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Respondents .....

Ms. Priya Rombade i/b Bharat Joshi, for the Applicants. Mr. Akshay Patil a/w Dhaval Patil i/b M/s. K. Ashar and Co., for the Respondent No.4.

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CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 11th APRIL, 2023.

P.C.

Heard learned Counsel for the applicants for some time. Though a prayer is made to stay the execution and implementation of the impugned judgment and decree dated 18th August, 2022 passed by City Civil Court, Mumbai in Suit No. 574 REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2023.08.10 17:51:26 +0530 Corrected vide Order dated 9th August, 2023 Rekha Patil

05-IA-19731-2022-Corrected Order.doc of 2007, a copy of an order passed by the Additional Chief Judge, Small Causes Court, below Exh.4 in Appeal No. 429 of 2006 in RAD Suit No. 3984 of 1989 is annexed, which is not under challenge in view of the prayer.

Learned Counsel for the respondent has invited my attention to the fact that the appellant has been consistently held not a tenant of the subject matter of the Appeal by the appellate bench of the Small Causes Court being RAD Appeal No. 429 of 2006 and by a Civil Revision Application No. 427 of 2013 of this Court. As such, no case is made out for grant of any interim relief hence, the application is rejected.

List the Appeal under the caption "for Direction" in the week commencing from 26th June, 2023.

[PRITHVIRAJ K. CHAVAN, J.] Corrected vide Order dated 9th August, 2023 Rekha Patil