1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1207 OF 2008 Neelkamal Realtors & Builders ...Appellants. Vs. Mr. Hameed Mohd. S. Khan ... Respondent. ..... Ms. H.B. Gawde i/b Y.E. Mooman, for the Appellant. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 26 th APRIL, 2010. P.C. 1. Heard Shri Mooman appearing on behalf of the Appellant. Perused the interim Order of the Trial Court. 2. The Trial Court has dismissed the Notice of Motion No.4417 of 2006 and that is why the original Plaintiff is before this Court. 3. The Appellant-Plaintiff had filed a Notice of Motion for interim relief seeking to restrain the Defendant his servants, agents and person claiming through from creating nuisance, and unwarranted scene in the Mall and taking forcible possession of the suit premises except by due process of law. 4. Upon perusal of the Plaint and related papers and hearing parties, the Court below has found that firstly there is no threat save and 2 except bare words of the Appellant-Plaintiff. There is no apprehension and the claim as made has no basis. 5. Secondly, in any event the Respondent-Defendant has filed a suit along with three others in this Court bearing No.2950 of 2007 in respect of same Gala bearing No.145 and in which the Appellant herein is the Defendant. The Appellant has made a statement during pendency of that suit that he would not create third party rights in respect of the suit Gala. In as much as, and when the Respondent has taken resort to law, there is no threat of forcible dispossession. 6. The Order of the Trial Court is in consonance with the materials produced and suffers from no legal infirmity or perversity so as to call for any interference in Appellate jurisdiction. The Appeal from Order is therefore dismissed. No costs. (S. C. DHARMADHIKARI, J.)