This court disposed of an appeal filed by a builder against an order restraining dispossession of a flat. The court held that since the six-month period mentioned in the lower court order had expired, the cause of action no longer subsisted, leading to disposal of both the appeal and the connected civil application.
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1 AOG-480.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.480 OF 2010
WITH
CIVIL APPLICATION NO.624 OF 2010
IN
APPEAL FROM ORDER NO.480 OF 2010
M/s. Moon Land Builders
Pvt. Ltd..... Appellant
Vs.
Smt. Amarjeet Kaur & Ors..... Respondents
S/Shri S.G. Surana i/b Kunal Cheema
for the Appellant.
Shri B.P. Shukla for Respondent
Nos.1 and 2.
Ms K.K. Soraan for the BMC.
CORAM: R.C. CHAVAN, J.
DATED: AUGUST 17, 2010
P.C:
1.This appeal is directed against the
order passed by a learned Judge of the City
Civil Court on 30-1-2010 whereby he had
restrained the appellant from dispossessing the
plaintiff from Flat No.A/17, or disconnecting
the electricity and water supply of the said
flat for a period of six months or till the
disposal of the suit, whichever is earlier.
2 AOG-480.10
That six months� period is already over.
Therefore, the cause of action cannot be said
to survive.
2.The learned counsel appearing for the
appellant makes a statement that the appellant
will not dispossess respondent No.1 without
following the due process of law.
3.In view of the above, the appeal is
disposed of.
4.Since the appeal itself has been
disposed of, Civil Application No.624 of 2010
also stands disposed of.
1 issue framed by the court
Whether the appeal against an order restraining dispossession can be maintained after the six-month period specified in the order has elapsed.
M/s. Moon Land Builders Pvt. Ltd.
Smt. Amarjeet Kaur
R.C. CHAVAN
As recorded by the court registry
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