1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1142 of 2008 WITH CIVIL APPLICATION NO.1398 of 2008 Ms. Ila Revashankar Desai ....Appellant Versus Ms. Ranjana Revashankar Desai & Ors. ....Respondents Ms. Indrayani M. Koparkar for the Appellant. CORAM : R. V. MORE, J. DATE : 10th JUNE, 2009. P.C. : Heard, learned Counsel for the Appellant. 2. The Appellant is the Original Plaintiff no.1 and the Respondent No.1 is the Original Plaintiff No. 2 who filed S.C. Suit No.3699 of 2007 against Respondent Nos.2 & 3/Orginal Defendnant Nos. 1 & 2 for permanent injunction restraining them from entering into and/or occupying and/or remaining in occupation of the suit premises viz. Room No.6, Lalji Punshi Wadi, Derasar Lane, Ghatkopar (East), Mumbai – 400 077. In this suit, the Appellant filed notice of motion no. 3467 of 2007 for temporary injunction interms of permanent injunction. This notice of motion was heard ex-parte and Respondent Nos. 2 & 3 were asked to vacate the suit premises. 3. The respondent nos. 2 & 3 thereafter filed notice of motion no. 3849 of 2007 under Order 39 Rule 4 for setting aside the ex-parte order. The learned 2 trial judge in his discretion and for the reasons stated in paragraph nos.10 & 11 of the impugned order made the said notice of motion absolute and the order dated 4th December, 2007 was set-aside and the notice of motion was restored to file. 4. I do not find any error in the impugned order. The learned Trial Judge has used the discretion jurisdictionally. The Appeal is without any merit and therefore, the same is dismissed. The learned Trial Judge is however, directed to dispose of the Notice of Motion no. 3467 of 2007 in S.C. Suit No. 3699 of 2007 as expeditiously as possible and in any case within the period of six weeks from the date of the receipt of this order. 5. In view of the disposal of the Appeal from Order, the Civil Application No.1398 of 2008 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)