MILIND MORESHWAR KOWLEY Vs. MANOHAR BHASKAR KOWLEY

JUDGEMENT

(1.) These appeals by special leave are directed against the common judgment and order of the High Court of Judicature at Bombay in Civil Appeal Nos. 277 of 1994 and 368 of 1994. By its impugned judgment and order a Division Bench of the High Court affirmed the orders of the learned trial Judge on the original side of the High Court dated November 11, 1993 dismissing Notice of Motion Nos.2141 and 2383 of 1988 and 2392 of 1989. The learned Judge, however, allowed Chamber Summons No.294 of 1989 filed by the plaintiff in Suit No.618 of 1967.

(2.) In Civil Appeal No. 4730 of 1996, Milind Moreshwar Kowley is the appellant. He is the plaintiff in Suit No.2493 of 1988 and the applicant in Notice of Motion No.2392 of 1989. His appeal before the Division Bench of the High Court was registered as Civil Appeal No.277 of 1994.

(3.) The appellants in Civil Appeal No.4731 of 1996 were defendants 1 and 2 in Suit No.618 of 1967, who had filed Notice of Motion Nos.2141 and 2383 of 1988 before the trial court which were dismissed by the common Order of November 11, 1993. Their appeal was registered as Civil Appeal No.368 of 1994. At the threshold, we may notice that the Notice of Motion were taken out for grant of interim orders which were rejected by the trial court and affirmed by the Appellate Bench of the High Court.