Manish Manrupchand Shah And ANR. v. Concorde Properties And ANR.

908.AO.522.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 522 OF 2025 WITH INTERIM APPLICATION NO. 12048 OF 2025 IN APPEAL FROM ORDER NO. 522 OF 2025 Manish Manrupchand Shah and Anr.

.. Appellants

Versus

Concorde Properties and Anr.

.. Respondents ....................

 Mr. Vishal Kanade a/w. Mr. Anish Karande, Mr. Vikas Pandey, Advocates i/by Vikas Pandey for Appellants.

 Mr. Mayur Khandeparkar a/w. Mr. Yashish Kamdar, Ms. Swati Kamdar and Mr. Vaibhav Bane, Advocates i/by S.K. Legal for Respondents.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 01, 2025.

P.C.:

1.

Heard Mr. Kanade, learned Advocate for Appellants and Mr. Khandeparkar, learned Advocate for Respondents. 2.

Inter se lis between the parties is documented by the learned Trial Court in various orders beginning with the order dated 15.09.2021 and the impugned order dated 28.08.2025 which is the subject mater of the Appeal From Order before me. 3.

Without giving any imprimatur on merits of the matter, it would be in the interest of justice, if Chamber Summons No.2049 of

908.AO.522.2025.doc 2024 is heard and decided by the learned Trial Court on the next adjourned date i.e. on 12.11.2025.

4.

The order passed by the learned Trial Court on 29.09.2025 as also previous order dated 28.08.2025 which is the subject matter of the present Appeal From Order shall be taken into cognizance by the Plaintiffs and accordingly after hearing both the sides Chamber Summons No.2049 of 2024 shall be decided by a speaking order. Subject to decision in the said Chamber Summons, Trial Court shall be free to decide Notice of Motion No.4354 of 2025 strictly in accordance with law depending upon the outcome of the said Chamber Summons including the continuation of ad-interim relief in the Suit proceedings. Order for continuation of any ad-interim / interim relief shall be passed by the learned Trial Court only after hearing both the sides. 5.

Parties are at liberty to take steps as available to them in law. 6.

With the above directions, Appeal From Order is allowed and disposed.

7.

In view of disposal of Appeal From Order, pending Interim Application is also disposed accordingly.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.10.01 18:01:04 +0530 AJAY TRAMBAK UGALMUGALE