:: 1 :: rpa 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.1030 OF 2008 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Mr.Anil Singh i/b/Mr.Dhanesh Shah for Appellants. Mrs.Geeta Jogalekar for Respondent No.1. Mr.P.G.Lad for Respondent Nos. 2 and 3. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. CORAM : S.J.VAZIFDAR, J. DATE : 10TH OCTOBER, 2008. DATE : 10TH OCTOBER, 2008. DATE : 10TH OCTOBER, 2008. P.C. :- P.C. :- P.C. :- . Admit. Heard finally. 2. The impugned order warrants no interference at this stage. The learned :: 2 :: Judge however, has dismissed the Notice of Motion at the ad-interim stage which ought not to have been done. 3. Hence, the impugned order is set aside to the extent is dismisses the Notice of Motion. The Notice of Motion shall be heard on merits. 4. It is clear that if Respondent No.1 finds that the user of the premises by the other Respondents is contrary to law, they are at liberty to take action according to law. (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.) (S.J.VAZIFDAR, J.)