: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1259 OF 2009 Chandubhai N. Patel ... Appellant V/s. Pundlik Bhikaji Patil ... Respondent Mr.P.S. Dani for Appellant Mr.S.H. Mishra for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 14, 2009 P.C.: 1. The appeal is directed against the order passed on 14.10.2009 by the City Civil Court in Notice of Motion filed in S.C. Suit No.2150 of 2009. The grievance of the appellant is that not only has the trial Court refused to grant any interim relief to the appellant but in the appellant’s suit has restrained him from entering into the plot of land of which he claims to be in possession. 2. In my opinion, the grievance of the learned advocate for the appellant is right inasmuch as the trial Court could not have restrained both the parties from entering the suit plot or using it for any purpose without there being a prayer to that effect from the defendant. : 2 : 3. Accordingly, the impugned order is modified to the extent that clauses 3 and 4 of the operative part of the impugned order are deleted. It appears that the defendant has not filed a reply to the Notice of Motion though directed to do so on 26.10.2009. That reply to the Notice of Motion shall be filed within a week from today. The trial Court will hear and dispose of the Notice of Motion within four weeks from today uninfluenced by its earlier order as well as this order. 4. It is made clear that if the reply is not filed within a week as directed hereinabove, the trial Court will proceed without the reply of the defendant. 5. Appeal from Order is disposed of accordingly. 6. In view of the appeal from order being disposed of, Civil Application No.1574 of 2009 does not survive and the same is disposed of accordingly.