1 APPL 396 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.396 OF 2010 IN NOTICE OF MOTION NO. OF 2010 IN COUNTER CLAIM (ST) NO.1737 OF 2010 IN SUIT NO.997 OF 2010 HawahKhanum Hussaini ..... Appellant V/s. Mayfair Housing Pvt. Ltd. & Ors. ..... Respondents Mr.Mr.Ajit S. Karwande, for the appellant. Mr.Shailesh Shah a/w Smt.Manorama Mohanthi i/by S.K.Srivastava & Co., for respondent No.1. Mr.Roop M. Vasudeo, for respondent No.3. Mr.Birendra Saraf i/by Mr.Kalpesh J. Nansi, for respondent No.4. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 06TH SEPTEMBER, 2010 P.C. 1. This appeal is filed by the original defendant No.3 of Suit No.997 of 2010. By the impugned order, the learned Single Judge rejected the prayer for ad-interim relief prayed for by the present appellant to the effect that the appropriate measurement of the area which the defendant No.3 is in occupation, should be made by the Court Commissioner. The learned Single Judge found that there is no need to pass ad-interim order asking the Court Commissioner to measure the area in question. The 2 APPL 396 of 2010 learned counsel for the respondent No.1 has pointed out to the Court that the Court Commissioner has already recorded the appellant’s say about the area which the appellant occupies. It is needless to say that the actual area has to be considered as per the evidence on record. Since this appeal is filed against the interlocutory order, we do not find any justification in entertaining this appeal. The Court is informed that the notice of motion is placed for hearing. All these contentions raised by the appellants can be agitated before the learned Single Judge at the time of hearing of the notice of motion. The learned Single Judge shall consider these aspects as per the say of both the sides and as per prima facie evidence available on record. It is required to be noted that this appeal is filed against the order of the learned Single Judge by which the learned Single Judge has not granted ad-interim order. Such order is not required to be interfered with in the appeal. The points raised in the appeal can be raised before the learned Single Judge. Hearing of the Notice of Motion is also expedited. 2. Subject to what is stated above, the appeal is disposed of. No cost. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )