1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1849 OF 2009 Bhovarilal Chotmal Bohra & Ors. … Appellants Vs. Sunanda Parmashwar Shetty & Anr. … Respondents. Mr. Sunil Jayakar, Advocate for the Appellants. Mr. Anhay Patiki a/w Mr. Sagar R. Agarkar, Advocate for the Respondents. CORAM: J.H. BHATIA, J. DATE: 22ND JANUARY, 2010. P.C. 1 Heard learned counsel for the parties. The Respondents/Plaintiffs had filed Short Cause Suit No. 6645 of 1999 seeking permanent injunction against the Defendants/Appellants restraining them from dispossessing the Plaintiffs, their family members and servants from the suit business premises and/or from interfering with possession of the Plaintiffs in respect of the suit premises viz. Azad Hindu Hotel, Chatal Chawl No.7, J.B. Road, Opposite Cotton Green Railway Station, Cotton Green, Mumbai. The suit was decreed 2 by the trial Court and the Defendants were restrained from taking possession of the suit premises without following due process of law. Pending the said suit before the trial Court, the Defendants had already filed Suit No. 3321 of 2006 before the High Court for possession and thus the Defendants have already followed due process of law for taking possession of the premises from the Respondents. The learned counsel for the Appellants contends that certain observations are made by the trial Court in the present matter which may come in the way of the present Appellants in the suit filed by them before the High Court. 2 In view of the fact that the suit in the present Appeal was filed simplicitor for injunction that the Defendants should not take possession of the suit premises without following due process of law and to that extent that the decree has been passed, the Appellants are not debarred and infact they are required to take due process of law which they have already done. In view of this, any observations made by the trial Court in the present matter cannot operate a res-judicata against the present Appellants. In view of this, the Appeal can be disposed of with the following directions: 3 i) Appeal stands disposed of with clarification that any observations made by the trial Court in the present matter shall not be taken into consideration while deciding the Suit No. 3321 of 2006 and that suit shall be decided on its merits. ii) Appeal stands disposed of. (J.H. BHATIA, J.)