: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.24 OF 2010 ALONGWITH CIVIL APPLICATION NO.34 OF 2010 Aminuddin Abbas Rumani .. Appellant V/s. Mohammed Yusuf Shaikh & Anr. .. Respondents Mr. Prashant Kulkarni i/b. Mr. S.B. Yadav for the Appellant-Applicant. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 19 TH JANUARY, 2010. P.C.: 1. The appellant has moved this Court against the order dated 6th November, 2009, passed by the City Civil Court, Dindoshi, Mumbai, dismissing his Notice of Motion being Exhibit No.3 in S.C. Suit No.256 of 2007. 2. It appears that the Suit has been filed by the appellant-plaintiff against his dispossession from the suit premises. The trial Court has considered the facts on record and has found that the appellant was dispossessed in view of the order : 2 : passed by the Co-operative Court on 1st September, 2003. The Court Receiver was appointed and he had taken symbolic possession. It appears that the appellant-plaintiff has filed an application before the Co-operative Court against the order for appointment of a Receiver and in respect of his dispossession. That application is still pending before the Co-operative Court. 2. In my view, the City Civil Court, Dindoshi, Mumbai, has rightly refused any injunction to the appellant. 3. The Appeal from Order is dismissed. 4. In view of the above, Civil Application No.34 of 2010 pending in the Appeal from Order does not survive and the same is dismissed. .......