IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.270 OF 2010 WITH CIVIL APPLICATION NO.352 OF 2010 Mrs. Sudha Viren Vora ...Appellant. v. Tirupati Mahalaxmi Co-op. Hos. Soc. Ltd. ...Respondents. Mr. Navin Parekh i/by Ms.Hetal Patel,advs. For the Appellant. Mr.J. Reis i/by Gabriel Pillai & Santosh Singh, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : MARCH 23, 2010 P.C. 1 After some discussion at the bar and in view of the decisions of the full bench in Prabhudas D. Kotecha v. Smt. Manharbala J. Damodar & Ors. 2007(5) Mh.L.J. 341 and unreported judgment in Civil Appeal St. No.15968/98 dated 16th September, 2000, the learned counsel does not press the appeal and seeks protection till the suit is filed before the Small Cause Court after returning plaint. Ad-interim relief granted by the trial Court as per the order dated 13.4.2007 shall continue to be in force for six weeks from this date. The amount, which has been deposited by the plaintiff before the City Civil Court shall stand transferred to the Small Cause Court after the plaint is presented in the Small Cause Court. After transfer of the amount, Small Cause Court - 2 - shall pass appropriate order about payment of the sum to the first respondent/defendant. In case, such suit is not filed before the Small Cause Court within six weeks, City Civil Court shall pay the said amount to the defendant no.1. In view of the protection being given for further six weeks , plaintiff/appellant shall also continue to deposit the amount as per the earlier orders passed by the City Civil Court. 2 Appeal stands disposed off as withdrawn with the aforesaid liberty. As the appeal itself is disposed off, civil application no.352/10 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)