Harilal Shankarbhai Patel v. Mrs.Sarojben Vishnuprasad Patel And ORS.

spb/ 240app734-07.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 734 OF 2007 IN NOTICE OF MOTION NO. 1765 OF 2005 IN SUIT NO. 1575 OF 2005 ALONGWITH NOTICE OF MOTION NO. 4308 OF 2007 IN APPEAL NO. 734 OF 2007 Shri Harilal Shankarbhai Patel (since deceased) a) Kaushalya Haribhai Patel & Ors.

... Appellants.

V/s.

Shri Vishnuprasad Shankarbhai Patel through his legal heirs - 1(a) Mrs. Sarojben Vishnuprasad Patel & Ors. ... Respondents. --- None present.

--- CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.

DATE : 31st AUGUST, 2016 P.C. :

None appears on behalf of the Appellant and the Respondents.

This Appeal is filed against the order dated 8th March, 2007 passed by the learned single Judge, who was Borey 1/2

spb/ 240app734-07.odt pleased to grant interim injunction, as prayed in the Notice of Motion No. 1765 of 2005 in terms of the prayer clause (b) and the Notice of Motion was disposed of. This Appeal is pending since that date. The interim injunction is continued for the period of last about nine years and six months. We have perused the impugned order. We concur with the view taken by the learned single Judge.

The Appeal is, therefore, dismissed. However, hearing of the Suit is expedited.

In view of dismissal of the appeal, the Notice of Motion No. 4308 of 2007 does not survive and the same is disposed of as such.

(MRS.SWAPNA JOSHI,J.) (V. M. KANADE,J.) .....

Borey 2/2