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Bombay High CourtAO/351/2019

Nanda Uttam Kshirsagar v. Laxmi Developers, A Partnership Firm And ORS

2019-11-28Hon'Ble Shri Justice A.S. Gadkari2 pages

25-AO.351-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 351 OF 2019 WITH CAA. NO.418 OF 2019 Nanda Uttam Kshirsagar ......Appellant Vs Laxmi Developers & Ors.

.....Respondents ----- Mr. Rajesh Datar i/b D.S. Pagare for Appellant. Mr. Deepak Sharma a/w M.P. Sharma, Megha Keluskar and Ravindra Pal for respondent Nos.1 to 9.

------ CORAM : A.S.GADKARI, J.

DATE : 28th November 2019.

P.C.:

1] By the present appeal, the appellant has impugned Order dated 3.12.2018 passed by the Trial Court in draft Notice of Motion in S.C.Suit No.2882 of 2018 thereby rejected the prayer for grant of ad-interim relief in favaour of the appellant.

2] The record indicates that, by an Order dated 11.12.2018, this Court had directed parties herein to maintain status-quo as regards the possession of the suit property. Mr. Datar, the learned counsel for the applicant submitted that, the draft Notice of Motion has now been numbered (being Notice of Motion No.4434 of 2018) and is now scheduled for final hearing on 9.12.2019. 1/2

25-AO.351-2019.doc 3] In view thereof, till the Trial Court decides the aforesaid Notice of Motion, ad-interim relief granted by Order dated 11.12.2018 shall remain in force.

4] Appeal From Order is disposed off in the aforesaid terms. 5] In view of disposal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed off. (A.S.GADKARI, J.) 2/2