1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.131 OF 2009 WITH CIVIL APPLICATION NO.151 OF 2009 Mr.Shankar Rajan Garvandha : Appellant versus Shri Ganesh Devadiga & ors. : Respondents. Shri Santosh Shetye for the Appellant. Shri Nimesh Dubey for the Respondents. CORAM : R.M.SAVANT, J. DATED : JANUARY 28, 2009 P.C. 1. This Appeal is directed against refusal of the ad-interim reliefs by the City Civil Court, Mumbai by its order dated 9th January 2009 in Notice of Motion Exhibit 5 in S.C Suit No.39 of 2009 filed by the Appellant/Plaintiff. The said Notice was made returnable on 17th January 2009. The dispute is as regards running of toddy shop by the Appellant/Plaintiff. 2 2. It is the case of the Appellant that the Defendants are obstructing him from running the said shop. The trial Court, therefore, looking to the nature of the suit and the reliefs sought, did not deem it fit to grant any reliefs and made the motion returnable on 17th January 2009. 3. The reasons given by the trial Court cannot be faulted with. In my view, the interest of justice would be served, if the said Notice of Motion Exhibit-5 is directed to be heard and disposed of within a particular time frame. Hence the following order :- :ORDER: (i) The Notice of Motion – Exhibit–5 in S.C.Suit No.39 of 2009 filed by the Appellant/Plaintiff to be heard and disposed of within eight weeks from date on its own merits and in accordance with law. (ii) The Defendants to file their Affidavit in Reply within three 3 weeks from date and Rejoinder, if any by the Plaintiff within two weeks thereafter. (iii) With the aforesaid directions, the above Appeal from Order is disposed of. (iv) In view of the disposal of the above Appeal from Order, the Civil Application No.151 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]