:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.312 OF 2009 APPEAL FROM ORDER NO.312 OF 2009 APPEAL FROM ORDER NO.312 OF 2009 Dr Prem Balram Nichani & Anr. .. Appellants Vs. Kishore Balram Nichani & Ors. .. Respondents Mr Kunal Vajani i/b M/s Wadia Ghandy & Co for the appellants. Ms Jyoti Chavan, for respondent no.1. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. DATED : 25th MARCH, 2009. P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. This Appeal from order is filed by the appellants because the prayer (a) in the motion was not granted by the City Civil Court Bombay, while granting ad-interim reliefs in terms of prayer clauses (b) and (c) of the motion. The impugned order is dated 22.8.2007. I have perused the prayer clause (a). Having considered the said prayer and considering that the order impugned is only ad-interim in nature,passed more then one and half years ago, I am satisfied that there is no reason to examine merits of the case at this stage and interest of justice would be met by the following order. :2: :2: :2: . The City Civil Court shall endeavour to dispose of Notice of Motion No.2150 of 2007 as expeditiously as possible and preferably within a period of three months from the date of receipt of this order. The City Civil Court shall decide the motion on merits in accordance with law. While issuing this direction,I shall not be understood to have examined the merits of the case. It is open to the appellants to take out appropriate proceedings against the defendants if they commit breach of the ad-interim reliefs granted by the impugned order in terms of prayer clauses (b) and (c) of the motion. With these observations, the Appeal from order is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)