1 ao1273.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1273 of 2011 WITH Civil Application No. 1673 of 2011 IN AO No. 1273 of 2011 Sai Water Supplier ....Appellant v/s. Shrikrishna Bhavan Co-operative Housing Society Ltd. ....Respondent Mr. A.S. Malvankar for the appellant. Mr. Chirag Shah i/b. J.J. Shah for the respondent. CORAM: R.M. BORDE, J. 23rd November, 2011 PC: Rejection of Notice of Motion presented by the plaintiff seeking an order of injunction restraining the defendants from enforcing the notice dated 26th May, 2008 and 21st August, 2009 for taking any action in pursuance thereof or disturbing or interfering with the plaintiff’s right to receive water out of the suit well is the subject matter of challenge in this Appeal from Order. The plaintiff was securing water supply out of the suit well situated within compound of the Society. The defendant has taken a decision not to continue the arrangement and adopted a resolution thereby withdrawing the license granted to the plaintiff to draw water out of the suit well. According to the defendants, there is no subsisting contract in favour of the plaintiff in respect of supply of water. The Society has taken decision to disallow plaintiff to draw water from well and decision of the Society is final and conclusive. The plaintiff has not been able to show any subsisting contract between the plaintiff and defendant in 2 ao1273.11.sxw respect of supply of water. Even according to plaintiff contract which was subsisting has come to an end on 30th June, 2009 and thereafter plaintiff cannot be said to have any entitlement to receive water. I have perused the reasons recorded by the trial Court. I do not find any infirmity in the order passed by the trial Court rejecting the Notice of Motion presented by the plaintiff. No interference is called for in the Appeal from Order. 2. The Appeal from Order, therefore, stands dismissed. The trial Court, is however directed to expeditiously decide the suit. 3. In view of disposal of Appeal from Order, civil application does not survive and stands disposed of. (R.M.BORDE, J)