1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.442 OF 2010 WITH CIVIL APPLICATION NO.575 OF 2010 Dharamaraj Bhusi Chauhan ..Appellant V/s. Manik Bhusi Chauhan & anr. ..Respondents Mr.M.R.Deshpande, Advocate, for the Appellant Mr.B.P.Shukla, Advocate, for the Respondents CORAM : R.C.CHAVAN, J. DATE : 22ND JUNE, 2010 P.C. . Being aggrieved by the Order passed by the learned Judge, City Civil Court, Borivali Division, Dindoshi, Mumbai, allowing the Respondent's Notice of Motion No.1973 of 2010 in Short Cause Suit No.2521 of 2010, the Appellant-original Defendant in the said suit is before me. The grievance of the Appellant that the learned Trial Judge should not have been granted ad-interim relief which took the character of final relief by granting interim mandatory injunction directing the Appellant to remove him and his family members from the 2 front portion of the suit premises would have been valid, but in this case, there was previous round of litigation culminating disposal of the Appellant's lis by the Trial Court. Therefore, the proper course for the Appellant was to obtain appropriate Orders from this Court where he claims to have preferred an Application. It cannot be said that the learned Judge erred in granting ad- interim relief directing the Appellant to remove him and his family members with the belongings from the front portion of the suit premises. 2. The Appeal is, therefore, dismissed. 3. In view of dismissal of the Appeal from Order, Civil Application does not survive and the same is disposed of. (R.C.CHAVAN, J.)