SARIKA PARESH MEHTA Vs. ERA REALTORS PRIVATE LIMITED

JUDGEMENT

(1.) RULE made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

(2.) APPEAL from Order filed by the Appellants -Original Plaintiffs being aggrieved by order dated 19.10.2013 passed by the learned Judge, City Civil Court, Dindoshi, Mumbai pending Motion as well as Suit whereby refused to grant any ad -interim relief.

(3.) THE matter is listed before the Regular Court today. The learned Counsel appearing for the Appellants submitted that the interim order so passed in Vacation to continue pending disposal of the motion at least, as the same is fixed tomorrow i.e. 13.11.2013. The learned Counsel appearing for the Respondent contended that this interim order passed in vacation amounts to granting final relief so far as the motion is concerned, as the learned Judge has directed the Respondent not to create third party interest in the suit property by observing that the hearing itself is fixed on 13.11.2013. Admittedly, the Notice of Motion is fixed on 13.11.2013 and not the suit itself.