Bombay High CourtMCA/1255/2015dismissedrule discharged

Bhagwan S/O Meghraj Pande And 3 Others v. Mohammad Imam Hiriwale And Another

2015-12-15Hon'Ble Shri Justice Ravi K. Deshpande2 pages

mca.1255.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [MCA] No.1255 of 2015 in Writ Petition No.4950 of 2015 (P) (Bhagwan Meghraj Pande and others vs.

Mohammad Imam Hiriwale and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.M. Sharma, Advocate for the Applicants. CORAM : R.K. DESHPANDE, J.

DATE : DECEMBER 15, 2015.

On 21st October, 2015, this Court had passed an order, which reads thus :

"Rule, is made returnable early.

Merely because this petition is pending before this Court, the trial Court shall not stay the proceedings."

The learned Counsel for the applicant submits that the applicant never prayed for stay of the further proceedings before the trial Court and, therefore, there was no need to pass the order by this Court that the trial Court shall not stay the further proceedings. He further submits that a prayer was made for grant of interim relief of stay to the order of injunction passed by both the Courts below to the effect of restraining the applicant/defendant from disturbing the possession of the

mca.1255.15 2/2 plaintiff over the suit property. He submits that this Court has not passed any order on such prayer.

Obviously, the relief which is prayed for and not granted is deemed to have been rejected. This Court had, therefore, refused to grant prayer for stay of injunction passed by both the Courts below. Prima facie, all the findings recorded by the Courts below are concurrent and operating against the applicant and no case was made out for grant of injunction. In view of this, there is no substance in this review application. Hence, the same is dismissed with no order as to costs.

JUDGE *sandesh