1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 719 of 2009 With Civil Application No.895 of 2009 Chandrashekhar S.Shetty. ..Appellant. Vs. Mrs. Pushpa T.Shetty and ors...Respondents. Mr.V.J. Hegde for the Appellant. Mr. A.Mishra for the Respondent. CORAM : R.S. MOHITE, J. DATE : 22ND JULY, 2009 PC : 1. This appeal from order is filed against an order dated 22.5.2009 passed by the City Civil Court in two notice of motions being Notice of Motion No.38 of 2009 which was for an injunction restraining the defendants from dispossessing the plaintiff except by due process of law and since ad interim relief was not granted, the plaintiff filed a second Notice of Motion contending that he has 2 been dispossessed seeking restoration of the possession. Both these motions have been dismissed. Against the dismissal, the present A.O. is filed and the civil application is taken out seeking possession of the suit premises. I am informed at the bar that the plaint has not been amended to include a prayer for possession. In my view, unless such an amendment is sought and granted, the motion seeking possession at the interim stage will not lie. In the circumstances, no fault can be found with the impugned order. Hence, A.O. is rejected. Consequently, civil application does not survive and the same is also rejected. 2. However, since the appellant has lost possession, hearing of the suit is expedited. ( R.S. MOHITE, J.) 3 4 5 6 CORAM : D.K.DESHMUKH & R.S.MOHITE, JJ. DATE : 8TH JUNE, 2009 P.C. . Rule, returnable on 8th June, 2009. 2. Stand over to 8th June, 2009. The learned counsel for the state seeks time. (D.K.DESHMUKH, J.) 7 (R.S.MOHITE, J.)