: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.252 OF 2009 Halima Abdul Latif ... Appellant V/s. Shafi Aziz Peerbhoy ... Respondent Mr.J.N. Jayale for Appellant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 5, 2009 P.C.: 1. The appellant is aggreived by the order dated 30.10.2007 by which the City Civil Court has granted ad-interim injunction in terms of prayer clause (a) which reads as follows: “a) Pending the hearing and final disposal of the suit, the Defendant, her servants, agents and family members be restrained by an order and permanent injunction of this Hon’ble Court from dealing with, disposing of, parting with possession and/or creating any third party right in respect of the suit premises Room/Flt No.617, Building No.A-2, Lohiya Nagar, Behind Lions Club, Milan Sub-Way Road, Vile Parle (W), Mumbai-400056 or any part thereof.” 2. In my opinion, there is no need to interfere with this order after two years. The Motion itself can be disposed of. All that the Court has ordered is that the appellant will not part with the possession of the suit property during the pendency of the Motion. 3. Appeal dismissed. 4. The observations made by the trial Court are merely prima facie and, therefore, cannot in any manner decide the rights of the parties. 5. In view of the dismissal of the Appeal, Civil Application No.295 of 2008 does not survive and the same is disposed of accordingly.