1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2389 OF 2010 IN FIRST APPEAL NO.864 OF 2010 Sandeep Sampatraj Kothari .. Applicant V/s Pramod B.Kejriwal & Anr. .. Respondents Mr.G.M.Joshi for the Applicant. Mr.Lalit Jain for the Respondents. CORAM: R.G.KETKAR, J. DATE: 8th July, 2010. P.C.: 1. Rule. Rule is made returnable forthwith. 2. Heard the learned counsel for the parties. Mr.Joshi, learned counsel for the Applicant submitted that during the pendency of the suit, the applicant was in possession of the ground floor suit premises, and in terms of the order dated 7th December, 2005 the applicant’s possession in respect of the said ground floor suit premises was protected by restraining the Respondents (original Defendants) from disturbing the applicant’s possession. 3. The learned counsel for the Respondents states that the Respondents have already filed L.E.& C.Suit No.203/226 of 2007 in the Court of Small Causes at Mumbai for eviction of the applicant. He submits that he may be given liberty to move the Court for modification of the order in the event the Respondents succeed in the said suit. 4. After hearing learned counsel for the parties, civil application is disposed of with the following order:- (a) During the hearing and final disposal of the First Appeal No. 864/2010, the Respondents are restrained from disturbing the possession of the Applicant in respect of the ground floor premises situate at Survey No.7, Hissa No.1 on Link Road, Mauje Mohili, Village Asalfa, Ghatkopar 2 (W), Mumbai. (b) The Respondents would be at liberty to seek modification of this order subject to outcome of the suit bearing No.L.E.& C.Suit No.203/226 of 2007 filed in the Court of Small Causes at Mumbai. (c) It is made clear that pendency of the Appeal No.864/2010 in this Court will not come in the way of the Small Causes Court at Mumbai while disposing of the aforesaid suit. (R.G.KETKAR, J.)