Manish Pratap Shah v. Nainesh Pratap Shah And ANR

by VARSHA VIJAY RAJGURU Date:

2025.06.24 14:38:08 +0530 VARSHA VIJAY RAJGURU 29-ao-272-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 272 OF 2025 Manish Pratap Shah ... Appellant vs.

Nainesh Pratap Shah and Anr ... Respondents Mr. Shishir Joshi i/b. Ms. Priti Shukla for Appellant. Ms. Vidya Nair a/w. Ms. Riddhi Dhamecha i/b. Dhiren Shah for Respondent Nos. 1 and 2.

CORAM : GAURI GODSE, J.

DATED : 23rd JUNE 2025 ORDER:

1.

Learned counsel for the appellant/original plaintiff submits that this appeal is filed being aggrieved by rejection of the remaining prayers in the application for interim injunction. He submits that the remaining prayers are not granted pursuant to the statement made on behalf of the plaintiff as recorded in paragraph no.4 of the impugned order. He submits that so far as prayers regarding production of documents and disclosure of documents are concerned, the observations in paragraph no. 4 would come in the way of the plaintiff in adopting appropriate proceedings in the suit. He therefore submits that the only Page no. 1 of 2

29-ao-272-2025.doc grievance of the appellant is regarding permitting the appellant to adopt appropriate proceedings with reference to prayer clauses (b) to (g) in Interim Application No. 3155 of 2023. 2.

Since, the impugned order is passed on the application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, the plaintiff is granted liberty to adopt appropriate proceedings at the appropriate stage in the trial, as permissible in law with regard to the prayer clauses (b) to (g) in Interim Application No. 3155 of 2023.

3.

The rival contentions of the parties on merits regarding the said prayers are kept open.

4.

The appeal is disposed of as withdrawn, subject to the aforesaid liberty.

(GAURI GODSE, J.) Page no. 2 of 2