Bombay High Court
Rajesh Himatlal vs Malad Kandivali Education Society And ... on 1 October, 2018
16 AO 413 OF 2018.odt
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.413 OF 2018
WITH
CIVIL APPLICATION NO.548 OF 2018.
Rajesh Himatlal ... Appellant.
V/s.
Malad Kandivali Education Society
and ors ... Respondents
Mr. Rajesh Kachare I/by Gaurav Patankar, for the
appellant
Mr. Sanjay Jain a/w Mr. hemant Mehta and Ms.
Anamika Tiwari, i/by Mehta & Co., for respondent Nos
1 to 8.
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.
DATE : 1 st OCTOBER, 2018. P.C. : 1] Heard learned counsel for the appellant and respondent. 2] This Appeal is directed against the order dated 9.3.2018,
passed by the City Civil Court, Mumbai, thereby relief of refusing ad- injunction, in Notice of Motion No.72 of 2018 in L. C. Suit No.3553of 2017, on the ground that the notice itself has become infructuous as the meeting of the Managing Committee of Respondent No.1 of the society is already conducted on 07.01.2008 and respondent No.7 and 8 are elected as Vice Presidents, for the period 2018-19,. 1/2 ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 00:57:09 :::
16 AO 413 OF 2018.odt 3] Considering this fact and also the fact that the Notice of Motion is placed for hearing on 10 th October, 2018, learned counsel for respondent to file reply and to serve copy of reply on the learned counsel for appellant today itself 4] In view thereof, no interference is warranted in the impugned order passed by the trial Court. Hence the Appeal stands dismissed.
5] In view of dismissal of Appeal itself, pending Civil Application becomes infructuous and the same is disposed off accordingly.
[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2 ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 00:57:09 :::