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Bombay High CourtIA/1030/2025disposed off

Sahil Suresh Chouhan v. Mahalakshmi Infraprojects Pvt Ltd.Thr. Deepak Sharadchandra Joshi And Others

2025-01-27Hon'Ble Ms. Justice Gauri Godse2 pages

19-AO-59-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 59 OF 2025 WITH INTERIM APPLICATION NO. 1030 OF 2025 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.01.30 14:17:23 +0530 MANGALTAI JAYWANT JADHAV IN APPEAL FROM ORDER NO. 59 OF 2025 Sahil Suresh Chouhan ... Appellant/Applicant vs.

Mahalakshmi Infraprojects Private Limited Through Deepak Sharadchandra Joshi and Ors.

... Respondents Mr. Shekhar Jagtap i/b J. Shekhar Associates for the Appellant/Applicant.

Mr. Kunal Bhanage a/w Rufa Shaikh for the Respondent. CORAM : GAURI GODSE, J.

DATED : 27th JANUARY 2025 ORDER :- 1.

This appeal arises out of an order directing the parties to maintain status quo. The main application is yet to be heard by the trial Court.

2.

Learned counsel for the appellant submits that the appellant has already filed an application for rejection of the plaint, which is dismissed. He submits that the appellant has filed a civil revision application in this Court.

19-AO-59-2025.doc 3.

Learned counsel for the appellant submits that he has already filed his reply in the application for interim relief. However, the application is still pending.

4.

I do not find any reason to interfere in the ad-interim order granted by the trial Court. Any observations by this Court on merits of the rival contentions, is likely to cause prejudice to the rival contentions of the parties on merits in the application for interim relief. Hence, I do not find it appropriate to deal with the rival contentions of the parties in this appeal.

5.

All the rival contentions of the parties on merits are kept open to be argued and decided in the application for interim relief in the suit.

6.

With the aforesaid observations, the appeal is dismissed. 7.

In view of the dismissal of the appeal, interim application is disposed of as infructuous.

(GAURI GODSE, J.)