Bombay High CourtAO/634/2024disposed off

Kavita Bharat Mane v. Bharat Ramchandra Mane And Others

2024-09-06Hon'Ble Shri Justice Shyam C. Chandak2 pages

P.H. Jayani 501 AO634.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 634 OF 2024 WITH INTERIM APPLICATION NO. 12291 OF 2024 IN APPEAL FROM ORDER NO. 634 OF 2024 Kavita Bharat Mane .... Appellant Vs.

Bharat Ramchandra Mane and ors.

.... Respondents Mr. Anuj N. Narula a/w. Ms. Meena Bhatta i/b. Jhangiani Narula and Associates for the Appellant.

CORAM : SHYAM C. CHANDAK, J.

DATED : 06th SEPTEMBER, 2024 P.C. :- .

Not on board. Upon mentioning, taken on board. 2) The aforesaid Appeal impugns the Order dated 01st August, 2024 passed by the learned Ad-hoc Judge, City Civil Court, Borivali Division, Dindoshi, Mumbai in Draft Notice of Motion in S.C. Suit No.1968 of 2023. By the impugned Order, the learned Judge declined the prayer of the Appellant/Plaintiff to grant ad-interim relief i.e., a mandatory order directing the Respondent No.1/original Defendant No.1 to forthwith vacate/remove himself along with his family members and belongings from the suit flat and restore the status quo ante as was existing prior to his illegal physical possession on 29th July, 2024. 3) After hearing the Appeal for some time, the learned Advocate for the Appellant submitted that, if the trial Court is directed to hear and 1/2

P.H. Jayani 501 AO634.2024.doc decide the aforesaid Notice of Motion at the earliest, he would not press for this Appeal and the Appeal may be disposed of. 4) The aforesaid statement made by the learned Advocate for the Appellant is accepted. Hence, following order :- - ORDER - (i) Appeal from Order No.634 of 2024 is disposed of. (ii) The trial Court is requested to hear and dispose of the Draft Notice of Motion in S.C. Suit No.1968 of 2023 expeditiously, if possible without affecting the cases requiring expeditious hearing and disposal.

5) As a result, Interim Application No.12291 of 2024 does not survive and stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2024.09.11 18:50:11 +0530 2/2