1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 762 OF 2009 ALONG WTH CIVIL APPLICATION NO. 950 OF 2009 M/s.Excelsior Restaurant & Stores ... Appellant v/s Mr.Hooshmand Izzatullah Moradian & anr. ... Respondents Mr.Nikhil Sakhardande & Mr.Hiren Shah i/by M/s. Prakash & Co. for the appellant. Mr.K.P.Tiwari for respondent Nos.1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The appeal from order has been filed against the order of the City Civil Court dated 7.7.2009. By this order, the City Civil Court has refused the injunction sought by the appellant and has dismissed the notice of motion. 2. The City Civil Court while passing the impugned order has observed as follows:- 2 “On this touch stone, if the evidence of both the parties is assessed, it depicts that they have tried to settle the rival claim over the suit premises on the basis of documentary evidence of various agreements.” 3. It is common ground that the defendants did not appear before the City Civil Court and no reply was filed to the notice of motion. Therefore, it is surprising that the aforesaid observation has been made by the City Civil Court. 4. By consent, the impugned order is set aside. 5. Parties are at liberty to place on record such additional material that they may desire for an effective decision of the notice of motion. The City Civil Court shall consider all the material on record and pass appropriate orders. 5. Till then the parties shall maintain status-quo as directed by this Court by its order dated 6.8.2009. 6. The notice of motion to be disposed of within four weeks from today. 7. The appeal from order stands disposed of accordingly along with the civil application. ..... 3 4