ash 1 58ao-191.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 191 OF 2011 Shri Mushtaque Ahmed & Anr. .. Appellants Vs Smt. Sartaj Begum W/o. Matloob Ansari. .. Respondent -- Shri R.K. Yadav for the Appellants. Shri R.P. Wagh for the Respondent. -- CORAM ; A.S. OKA, J DATED : 6TH APRIL, 2011 P.C. . Heard learned counsel appearing for the Appellants and the learned counsel appearing for the Respondent. 2. By the impugned order, a limited ad-interim relief prayed for by the Appellants-Plaintiffs has been refused. The prayer was for grant of ad-interim injunction restraining the Respondent-Defendant from dispossessing the Appellants from the suit premises. 3. Perusal of the notice dated 17th January, 2011 issued by the Advocate for the Respondent to the Appellants shows that admittedly the Appellants are in possession and in fact the Respondent by the said notice called upon the Appellants to vacate the suit premises. Till today, no proceedings have been taken out by the Respondent. Learned ash 2 58ao-191.11 counsel appearing for the Respondent submitted that considering the conduct of the Appellants, they are not entitled to equitable reliefs. 4. Suffice it to say that the Notice of Motion is pending for final hearing and admittedly the Appellants are in possession. The Respondent will have to file a reply for bringing on record the conduct of the Appellants which, according to him, disentitles the Appellants to interim relief. This is a case where till the disposal of the Notice of Motion, the possession of the Appellants ought to have been protected. 5. Hence, I pass the following order: ORDER (a) The impugned order dated 14th February, 2011 is quashed and set aside. (b) There will be ad-interim injunction restraining the Respondent from dispossessing the Appellants from suit premises without following due process of law. (c) The ad-interim injunction will continue to operate till disposal of the Notice of Motion. ash 3 58ao-191.11 (d) Ad-interim relief is granted subject to condition that the Appellants will not create any third party rights in respect of the suit premises and will not part with possession thereof to any third party. (e) Hearing of the Notice of Motion is expedited. (f) It is made clear that the Notice of Motion will be decided uninfluenced by the impugned order as well as the order of this Court granting limited ad-interim injunction. (g) The Appeal is allowed on above terms. (h) Civil Application No.293 of 2011 does not survive and the same is disposed of. ( A.S. OKA, J )