DATTA MAHADEO SHINDE Vs. RAMESH NAMDEO PATIL

JUDGEMENT

(1.) HEARD Shri Shah for Appellant, Shri Pai for Respondents-defendants in the main Appeal.

(2.) TODAY Civil Application No. 642 of 1993 is placed before me for orders which is taken out by the original defendants - Respondents in the appeal for vacating the order of ad-interim relief granted by this Court on 26th June 1991. I am informed by the counsels appearing for both the sides that the papers in this matter were missing in particular the papers relating to the original Civil Application and subsequently the records were required to be reconstructed in March 1992 and on more than one occasion the applica-tions were filed by the Respondents in the main Appeal for disposal of the main appeal and the applications were rejected. This Civil Application was shown on board for final hearing. Instead of hearing the Civil Application, 1 directed the parties to argue the main Appeal on its own merits and Mr. Shah, learned Counsel appearing for the Appellant in the main Appeal argued the Appeal in extenso. I have heard him and after hearing both the sides. I am inclined to dismiss this Appeal and vacate the interim relief in their favour and may reasons are as follows.

(3.) THE present appellant plaintiff filed Short Cause Suit No. 218 of 1991- In that Suit, the plaintiff took out Notice of Motion bearing No. 155 of 1991, Prayer clause (a) in the said Notice of Motion is as follows : -"that pending the hearing and final disposal of the suit, the Defandents by themselves, their servants, agents, representatives, hirelings and/or any person or persons claiming through or under them be restrained by an order and injunction of this Hon'ble Court from forcibly dispossessing, and/or interfering or obstructing with the neacefui use, occupation and enjoyment of the suit premises viz. Caia Nos 17-A and 17b situate on 3rd floor of the building, known as Hind Services Industries Co-operative Society Ltd. at near Parkway Hotel, Officer Veer Savarkar Marg, Dadar, bombay 400 028, without following due process of law. '