Mr. Mangarulal Surajbali Vishwakarma And ANR v. Mrs. Ranjanadevi Mithailal Vishwakarma And ORS

osk 51-ao-792-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 792 OF 2018 WITH CIVIL APPLICATION NO. 1020 OF 2018 Mangarulal Surajbali Vishwakarma & Anr.

...

Appellants V/s.

Mrs.Ranjanadevi Mithailal Vishwakarma & Ors. ... Respondents ----- Ms.A.R.S. Baxi for Appellant.

Mr.Omprakash Pandey for Respondents.

CORAM : A.S. GADKARI, J.

DATE : 7th February 2020.

P.C. :

1] By the impugned Order dated 12th September 2018 the Trial Court has dismissed the Notice of Motion No. 1402 of 2013 in S.C. Suit No. 1627 of 2013 preferred by the appellants for injunction. 2] In the present appeal, by an Order dated 4th December 2018, this Court has directed the parties herein to maintain status-quo till the returnable date of notice. The said interim relief was thereafter extended from time to time.

3] Mr.Pandey, learned counsel for the respondents submitted that, in the said Suit i.e. S.C. Suit No. 1627 of 2013 the parties herein have already 1/2

osk 51-ao-792-2018.odt filed affidavit in lieu of examination-in-chief. 4] In view thereof, the ad-interim relief, granted by Order dated 4th December 2018, to remain in force till disposal of S.C. Suit No. 1627 of 2013. 5] As the suit filed by the appellant is of the year 2013, the learned Judge, City Civil Court, Greater Mumbai, seized of S.C. Suit No. 1627 of 2013 is hereby directed to expedite the hearing of the said Suit and to make an endeavour to dispose it off within a period of 18 months from the date of receipt of the present Order.

6] Appeal is disposed off in above terms.

7] In view of disposal of Appeal, the Civil Application does not survive and is accordingly disposed off.

8] All the concerned to act on the basis of the authenticated copy of this Order.

[A.S. GADKARI, J.] by Omkar S.

Kumbhakarn Date:

2020.02.11 17:42:02 +0530 Omkar S.

Kumbhakarn 2/2