-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 249 OF 2010 ALONG WITH NOTICE OF MOTION NO. 1389 OF 2010 IN NOTICE OF MOTION NO. 1200 OF 2010 IN SUIT NO. 1098 OF 2010 Ashok Kumar Maheshwari ... Appellant vs. Vishal Kumar Maheshwari and others ...Respondents Mr. D.H. Mehta, instructed by Mr. B.H. Vyas for the appellant. Mr. Harinder Toor with Mr. Khushnood Akhtar, instructed by Vigil Juris, for respondent Nos. 1 and 2. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: SEPTEMBER 09, 2010. P.C. This appeal is directed against the order of the learned single Judge passed in Notice of Motion No. 1200 of 2010 in Suit No. 1098 of 2010. By the impugned order, the learned single Judge has passed an ad-interim order restraining respondent Nos. 1 and 2 from transferring, alienating or dealing with the suit property till the Notice of Motion is heard. The learned single Judge has also prima facie found that the apprehension expressed by the plaintiff that he is likely to be dispossessed from the property is not borne out -2- from the record. The said order is challenged by the appellant by way of this appeal with a prayer that a further injunction be granted against the defendants restraining them from entering into any development agreement. 2. At the time of hearing of this Appeal, the Court is informed that the Notice of Motion is already fixed for hearing on 13th September, 2010 before the learned single Judge. In view of the same, in our view, it is not necessary now to entertain this appeal at this stage. It would be open to both sides to ventilate their grievance before the learned single Judge before whom Notice of Motion is pending. Suffice it to say that the ad-interim order passed by the learned single Judge is not required to be interfered with at this stage in this Appeal especially when the Notice of Motion is at large before the learned single Judge and it is reached for hearing. We only request the learned single Judge to dispose of the Notice of Motion as early as possible considering the fact that the issue involved is an unfortunate family dispute and try to dispose of the Motion finally, if possible, by 20th September, 2010. It is clarified that we have not expressed any opinion on merits of the issue and it is for the learned single Judge before whom the Motion is pending to decide the Notice of Motion as per the prima facie evidence available in accordance with law. -3- 3. Subject to what is stated above, the Appeal as well as the Notice of Motion are disposed of. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.