- 1 - ao676 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.676 OF 2006 Samir Hirji Shah & ors .. Appellants vs Mr.Ashdeen Dinyar Jamshedji & anr.Respondents Mr.Y.S.Jahagirdar Sr.Counsel a/w Ms.Falguni Thakkar i.b.Doijode & Associat4es for Appellants CORAM: J.H.BHATIA, J DATE: 8 th August, 2 011 P.C. 1. Heard learned Senior counsel for the Appellant who is the original plaintiff. None for the respondents. 2. The Appeal was preferred by the plaintiff against refusal of ad interim relief in the Notice of motion whereby they had claimed temporary injunction restraining the Defendants from causing any obstruction - 2 - ao676 to their rights of ingress and egress through the suit plot situate on northern side of the plot of the plaintiff. It appears that in Civil Application No.908 of 2010 by an order dated 20th September,2006 this Court granted interim relief to the above effect to the Plaintiff-Appellant and Civil Application was disposed of while the present Appeal remained as admitted. Learned Senior counsel points out that the Notice of motion was never disposed of and it has been tagged for disposal along with the main suit. The suit is also fixed for recording of evidence and some evidence has also been led. In view of the circumstances, in my opinion, the Appeal may be disposed of in terms of the interim relief granted by this court on 20th September,2006 with a direction to dispose of the suit itself at the earliest. - 3 - ao676 3. In view of the above, the Appeal stands disposed of in terms of order passed on 20th September, 2006 in Civil Application No.908 of 2006 as modified on 20th September,2006. The trial Court shall expedite the hearing of the Special civil suit No.3744 of 2006 and dispose of the same as early as possible and in any case by the end of December, 2011. J.H.BHATIA,J