1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO. 596 OF 2008 IN NOTICE OF MOTION NO. 1905 OF 2008 IN SUIT NO. 1305 OF 2004 Devshi Narayan Makwana .. Appellant Vs. Ajinkyatara Co-op. Hsg. Society Ltd. .. Respondent Mr. K.M. Sangani for appellant. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. March 02, 2010. P.C. 1. Heard the learned counsel for the appellant. 2. By the impugned order dated 17/7/2008 passed in Notice of Motion No. 1905 of 2008, the learned trial Judge declined to initiate contempt proceedings and no order in the Motion was passed. 2 3. Our attention has been invited to the prayers made in Notice of Motion No. 1905 of 2008 and there is no prayer to initiate contempt proceedings against the Society or any of its office bearers for the alleged breach of the order of status quo passed in Notice of Motion No. 1039 of 2008. The plaintiff has taken out Notice of Motion No. 1905 of 2008 for restoration of the possession of the Flat No. 9 and, therefore, the appropriate remedy for the plaintiff will be to apply for review of the order impugned in this appeal, as prima facie the said order indicates that the learned Advocate, who appeared for the plaintiff, argued the Motion for initiating an action of contempt against the defendant. 4. Hence, the appeal is disposed with liberty to apply for review of the impugned order. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE, J.)