1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 5 OF 2010 ALONG WITH CIVIL APPLICATION NO. 5 OF 2010 Maroof Ahmed Khan ... Appellant v/s Jamshed H. Wadia ... Respondent Mr.Suresh Gole for the appellant. Mr.Viren Asar i/by Wadia Gandhy & Co. for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 4TH JANUARY, 2010 P.C.: 1. The appeal has been preferred against the order of the City Civil Court dated 21.12.2009 by which ad-interim relief was refused to the appellant/plaintiff. In my view, rather than deciding the matter on merits, since there is no affidavit filed by the defendant/respondent, it would be appropriate to direct the parties to proceed with the notice of motion before the City Civil Court. 2 2. The respondent shall file his reply to the notice of motion within two weeks from today. The rejoinder, if any, may be filed by the appellant within a week thereafter. The City Civil Court is requested to dispose of the notice of motion within four weeks thereafter. During this period, the parties will maintain status-quo as of today. 3. Appeal from order stands disposed of accordingly along with the civil application. ..... 3