SM 1 25.ao.1044.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1044 OF 2011 WITH CIVIL APPLICATION NO. 1394 OF 2011 IN APPEAL FROM ORDER NO. 1044 OF 2011 Juzer Abdul Husain Jarwala and others ....Appellants. Versus Moiz Mohammed Jarwal and another ....Respondents. ____________ Mr. Deepak J. Lulia for the Appellants. Mr. Y. R. Dube for the Respondent No. 1. CORAM: R. M. BORDE, J. DATED : NOVEMBER 30, 2011. P.C.: The appeal from order can be disposed of by modifying the operative portion of the order passed by the trial court on 9th September, 2010. It is the contention of the appellant that there is no relief claimed as against the defendant nos. 3 to 10 as well as no relief is claimed in respect of 'Kothi and Diwankhana' and the defendants are restrained for causing interference in the peaceful possession of the plaintiff in respect of 'Kothi and Diwankhana' also. 2. I have perused the prayers made in the notice of motion, and heard arguments of the respective counsel appearing for the parties. Paragraph no. 2 of the operative portion of the order can be modified and shall be substituted as below: SM 2 25.ao.1044.11 “Defendant No. 1, his agent, servant and person claiming through or under him be restrained from causing disturbance in peaceful possession and exclusive occupation by the plaintiff over the room nos. 11 and 12 as well as a common possession over the common passage till the decision of the suit.” 3. The Appeal from Order stands disposed of with a direction to the Trial Court to decide pending Special Civil Suit No. 2399 of 2009 as expeditiously as possible, preferably within a period of one year from the date of receipt of the writ. 4. In view of disposal of the Appeal from Order, pending Civil Application does not survive and same stands dispose of. (R. M. BORDE, J.)