Ms. Kavita Sitaram Rinjad v. M/S. Malde Properties Private Limited

1/1 904.Ao.38.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.38 OF 2017 WITH CIVIL APPLICATION NO.49 OF 2017 IN APPEAL FROM ORDER NO.38 OF 2017 Ms. Kavita Sitaram Rinjad ...Appellant Vs.

M/s. Malde Properties Private Limited

...Respondent

None for the Appellant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 18 TH SEPTEMBER, 2018.

P.C. :

1.

This Appeal is preferred against the order dated 23.09.2015 passed by the City Civil Court at Mumbai, thereby refusing the order of ad-interim relief. 2.

It is pointed out that the Notice of Motion is yet pending before the Trial Court and it is yet not decided. Though the impugned order is passed on 23.09.2015, no interim order is passed in this Appeal since last about three years.

3.

In that view of the matter, it would be proper to direct both the parties to appear before the Trial Court, so that the Trial Court can decide the Notice of Motion itself. Accordingly, the Appeal is disposed off. The pending Civil Application in Appeal from Order stands disposed off accordingly. 4.

The Trial Court to decide the Notice of Motion as expeditiously as possible.

[DR. SHALINI PHANSALKAR-JOSHI, J.] Palkar