1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.890 OF 2009 WITH CIVIL APPLICATION NO.1095 OF 2009 Tressie G.Mascarenhas & Ors. ..Appellants V/s Jamshedali Syed & Ors. ..Respondents ---- Mr.Dennil D’mello for the appellants. Mr.Y.S.Jahagirdar Sr.Counsel with Gahriel Pillav for respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 7th September, 2009. PC 1 This is an appeal filed by the original plaintiff against the refusal of ad-interim reliefs. Senior Counsel appearing for the respondents states that the ad-interim reliefs were refused by placing reliance upon three documents which were produced on behalf of the defendants. He fairly states that the copies of these documents were not made available to the original plaintiff. Counsel for the respondents states that they will be filing reply in the Notice of Motion as well as furnishing copies of documents and to this reply, they will annexe the documents relied upon by them and the copies of these documents will be served upon the plaintiff or their Advocate on or before hearing of the Notice of Motion which is fixed on 18.9.2009. Counsel for respondent nos.1 & 2 further states that till the 2 disposal of the Motion the respondents will not carry out repairs or effect any demolition of the suit premises. This statement is accepted. It is directed that pending the disposal of the Motion, the defendant nos.1 & 2 will not carry out any repairs or demolish the suit property. Hearing of the Notice of Motion is expedited. Advocate for the appellant states that his client alone agrees to bear the risk in case there is any untoward incident or collapse of the building. Appeal from Order stands disposed off. The trial Court is directed to decide the Motion on or before 30.11.2009. All statements made are accepted. CIVIL APPLICATION NO.1095 OF 2009 As the main appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3