Dismissed
Dani Builders and Anr. v. Ralhan Builders Pvt.Ltd. and Ors.
Bombay HCCAF/1956/2007
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THE HIGH COURT OF JUDICATURE AT BOMBAY THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
CIVIL APPLICATION NO. 1956 of 2007.
IN
FIRST APPEAL NO.22 OF 2006.
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Office notes, office
memoranda of Coram,
appearances, Court’sCourt’s or Judge’s orders.
orders or directions
and Registrar’s orders.
Shri G.N.Salunke for the Applicant.
CORAM : ABHAY S.OKA, J.
DATED : 5th October, 2007.
P.C.:
1.Prayer (a) of this Application is for
calling for the record. R.& P. writ has already
been issued as a consequence of admission of the
Appeal. Prayer (b) is for an injunction. It is an
admitted position that during the pendency of the
suit filed by the Applicant, there was no
injunction granted by the trial Court from the year
1997. Therefore, in this Appeal, after the suit is
dismissed on merits, temporary injunction cannot be
granted. Prayer (c) in this Application is for
appointment of Court Commissioner. Such a relief
cannot be granted at this stage of the Appeal. As
and when Appeal is heard finally, the Applicant can
always pray before this Court for appointment of
the Commissioner. Therefore, this prayer cannot be
granted at this stage.
: 2 :
2.Hence the Civil Application is rejected
with liberty to renew the prayer for appointment of
Court Commissioner at the time of final hearing of
the Appeal.
Judge.
Applicant
RESPONDENT
ABHAY S.OKA
As recorded by the court registry
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