: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.478 OF 2008 WITH CIVIL APPLICATION NO.554 OF 2008 IN SPECIAL CIVIL SUIT NO.214 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.S. Kanetkar for the Appellant. Mr.Uday P. Warunjikar for Respondents Nos.1, 2 and 4. CORAM : S.J. VAZIFDAR, J. DATED : 20TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. The learned Judge had granted an ad-interim injunction on 31.3.2008 which was to remain in force till the reply was filed by the Respondents. The matter was adjourned to 24.4.2008. I see no reason to disbelieve the Appellant’s advocate that when he reached the Court on : 2 : 24.4.2008, he was informed that the reply had not been filed and was therefore given 3.5.2008 as the next date. However, on 3.5.2008, he was informed that the reply was filed on 24.4.2008. It is pertinent to note that the copy of the reply was given to the Appellant’s advocate only on 3.5.2008. 3. In these circumstances, the application for extension of the ad-interim order was justified. 4. In the circumstances, the impugned order is set-aside. The order dated 31.3.2008 shall remain in force pending the hearing of Exhibit 5 application. 5. Mr.Warunjikar states that the Respondent has already filed an affidavit contending that the Respondents have been in possession for last 16 years. That is a matter which will be considered at the hearing of Exhibit 5 application. 6. Needless to add that the learned : 3 : Judge while deciding an application Exhibit-5 be not influenced by the orders passed in these proceedings. 7. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.