IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.250 OF 2008 IN NOTICE OF MOTION NO.4425 OF 2005 IN S.C. SUIT NO.2194 OF 2005 Mobin Bashir Khan & Ors. ..Appellants. Vs. Mr.Hohammed Athar Nizamuddin & Ors. ..Respondents. Mr.M.V.Holamagi for the Appellants. Mr.Dhananjay R. Singh for Respondent No.1. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 P.C. : P.C. : P.C. : The iterim order warrants no interference at the instance of the Appellant/Defendants. If the Defendants want to assert their rights in respect of the suit property, it is for them to adopt appropriate proceedings including by way of counter-claim, if the same is maintainable. If such proceedings are adopted, the same, needless to add, will be heard on its on merits. 2. With the above clarification, the Appeal from Order and the Civil Application stands disposed of.