1 (902)(903)APP.629.11 & 630.11-S. 3376.03.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION APPEAL (L) NO.629 OF 2011 AND APPEAL (L) NO.630 OF 2011 IN NOTICE OF MOTION NO.2370 OF 2011 IN SUIT NO.3376 OF 2003 Fazlur Rehman Habib Khan ...Appellant Vs. Iqbal Hussain Habib Khan & Ors. ...Respondents Mr. U.V. Singh, Advocate for Appellant Ms. Gunjan Shah, Advocate for Respondent No.1 Mr. J.S. Chandnani, Advocate for Respondent No.3 Mr. S.A. Sawant, Advocate for Respondent No.4 Mr. P.Y. Ladekar, Court Receiver Mr. Farooq Shaikh S.O present Mr. H.P. Ghadigaonkar, Advocate for Respondent No.2 CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 7 October 2011. P.C. 1. These appeals are taken out against ad-interim orders dated 30th August 2011 and 19th September 2011 passed by the learned trial Judge of this Court in the Notice of Motion No.2370/2011 in a suit which is pending since 2003. Since both the orders are ad-interim orders and subsequently the learned trial Judge has also passed 2 (902)(903)APP.629.11 & 630.11-S. 3376.03.sxw order dated 28th September 2011 and the matter is still pending before the learned trial Judge at the ad-interim stage, we are not inclined to entertain these appeals. All that the learned trial Judge has done is to direct the Defendant No.3(e) to be restored the possession of Flat No.3 on the ground floor, Geeta Ashram, of Saideep Co-op. Hsng. Ltd., situated at Shivaji Chowk, Daftary Road, Malad (E), Mumbai-400 097. This direction is given after considering the finding given by the City Civil Court that flat No.3 was in possession of the mother of the parties with whom Defendant No.3(e) was residing at the time of the mother’s death. 2. In view of the above we are not inclined to interfere with the impugned orders, but we make it clear that all the contentions are kept open and the learned trial Judge shall hear and decide the Notice of Motion No.2370/2011 as expeditiously as possible as the suit is pending since 2003 and the suit itself may be taken up for the early hearing. 3. We keep all the contentions open regarding the dispute about flat No.3. The learned trial Judge shall consider the contentions of the parties. Subject to the above observations appeals are dismissed. 3 (902)(903)APP.629.11 & 630.11-S. 3376.03.sxw The ad-interim order passed in this appeal dated 30th September 2011 stands vacated. 4. Since the appeals are dismissed the notice of motion does not survive, and is hence disposed off. CHIEF JUSTICE ROSHAN DALVI, J.