Smit Properties Pvt. Ltd. v. Premlata Chittaranjan Sharma

5-IA-7676-2025 IN APP-278-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7676 OF 2025 IN APPEAL NO. 278 OF 2019 M/s. Smith Properties Pvt. Ltd.

... Applicant In the matter of Surendra Bhonrilal Sharma ... Appellant

Versus

Premlata Chittaranjan Sharma and Ors.

... Respondent -------------------- Mr. Rohit Joshi, for the Applicant.

Mr. N. R. Pradhan, for the Respondent.

-------------------- CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 4th FEBRUARY, 2026.

P.C. :

1.

Heard learned Counsel for both the contesting parties. This Application is for extension of time to deposit cost of Rs.90,000/- (Rupees Ninety Thousand only) before this Court which could be later withdrawn by the original Appellant. However, in view of paragraph no.16 of Order dated 25/07/2025 passed in Appeal No.278 of 2019 in Manisha 1/2

5-IA-7676-2025 IN APP-278-2019.doc Chamber Order No.9 of 2019 in Suit No.2755 of 2011, it is not possible to interfere with that Order which has already operated. When we expressed this opinion, learned Counsel for the Applicant sought permission to withdraw this Application with liberty to file an appropriate proceeding including Review Petition in respect of the Order dated 25/07/2025.

2.

Accordingly, Interim Application No.676 of 2025 is allowed to be withdrawn with above liberty.

(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.) Manisha 2/2