:1: 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.70 OF 2008 APPEAL FROM ORDER NO.70 OF 2008 APPEAL FROM ORDER NO.70 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.83 OF 2008 CIVIL APPLICATION NO.83 OF 2008 CIVIL APPLICATION NO.83 OF 2008 M/s. Sitosh Enterprises ...Appellant. v. Pravin Ratanshi Shah & Ors. ...Respondents. Mr.Y.S.Jahagirdar, Sr.Counsel i/by M/s. Bhave & Co. , adv. for the Appellant. Mr.Sanjay Jain i/by M/s. Harakhchand & Co. , adv. for the Respondent No.1. Mr.Aniruddha Joshi i/by Shashank Thatte for the Respondent Nos.2 to 4. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 28th January, 2008. DATE: 28th January, 2008. DATE: 28th January, 2008. P.C. P.C. P.C. 1. Appeal is filed by the original defendant no.4, who is the landlord as well as the builder against ad-interim injunction while the notice of motion is still pending. The defendants have not yet filed reply to the notice of motion. In my considered opinion, it will be necessary to hear the parties and dispose off the notice of motion after filing of the reply. Therefore, the appeal stands disposed off with the following directions: i. The defendants shall file their reply to the notice of motion within one week from this day and the plaintiff shall be permitted to file rejoinder, if any, :2: within four days after filing of the reply to the notice of motion. Thereafter, the learned trial Court shall hear the parties and dispose off the notice of motion within two weeks. 2. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)