Nishit Ramawadh Jayaswal And 2 ORS v. Akhtar Malik And ANR

- 1 - (APP 193 of 2016) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 193 OF 2016 IN NOTICE OF MOTION No. 953 OF 2013 Nishit Ramawadh Jayaswal and Ors.

...Appellants Vs.

Akhtar Malik and Anr.

...Respondents

*********** Mr. Sanjeev R. Singh for the Appellants Mr. Pradip Rajput for Respondent No.1 *********** CORAM : V.M. KANADE & C.V. BHADANG, JJ DATE : APRIL 17, 2017 P.C. :

1.

This appeal is filed against refusal to grant interim relief claimed by the Appellants. It is well settled position in law that in a suit which is filed under section 6 of the Specific Relief Act, no appeal against an order and decree is maintainable and, as such, this appeal is not maintainable. Appeal, therefore, is dismissed, reserving the right of the Appellants to take out an appropriate proceedings. Appeal is accordingly disposed of. 2.

In view of the disposal of the Appeal, nothing survives in the Notice of motion filed therein. Hence, Notice of motion is also disposed of. [ C.V. BHADANG, J.] [ V.M. KANADE, J.] Vaishali Tikan 1/1