1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.729 OF 2009 IN SPL.CIVIL SUIT NO.639 OF 2007 Shri Vishal S.Chhabria & Ors. ..Appellants V/s. Smt.Uma S.Chhabria & Ors. ..Respondents ­­­­ Mr.Thorat alongwith Farhan Dubash & Ms.Kiran Doiphode i/by M/s.V.M.Doiphode & Co. for the appellants. Mr.N.Pandit with Mr.V.C.Murlidharan i/by Joy Legal Consultant for respondent no.1. ­­­­ Coram : R.S.MOHITE,J Date : 27th July, 2009. PC 1 This is an appeal filed by the original defendant impugning a common order below Exhibit­5 and Exhibit­65 in Special Civil Suit No.639 of 2007. The impugned order has been passed on 20.3.2009. Exhibit­5 in the said suit was filed by the plaintiff and by the impugned order the reliefs claimed therein have been rejected. The plaintiff has not filed any appeal against rejection of the reliefs claimed by him in Exhibit­5. In so far as Exhibit­65 is concerned, the same has been rejected on the footing that it is not maintainable particularly when defendant has not filed any counter claim. I am informed that the defendant has now filed a separate suit being Special Civil Suit No.496 of 2009 in the Court of Senior Judge, Civil Court, Thane, and has filed an application therein for grant of interim relief. In the circumstances, Appeal from Order is rejected. It is however, clarified that the application for grant of interim relief in the defendant’s suit being Special Civil Suit No.496 of 2009 will be decided on its own merits without being influenced by 2 any observation on merits made against the defendant while rejecting his application at Exhibit­65. Appeal from Order stands disposed off in the aforesaid terms. (R.S.MOHITE,J)