Bombay High Court
MR. VISHAL MANSHUKLAL SAVLA AND ANRversusSAVITABEN HIMMATLAL PATEL AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appellate court ordered the parties to maintain the status quo on the parking lots and disposed of the civil application without addressing the merits.
Summary
The appellants filed an appeal against the trial court's order dated 15 June 2019 that dismissed their notice of motion. The trial had already commenced and evidence had been led before the trial court. The High Court, while hearing the appeal, directed the parties to maintain the status quo concerning the disputed parking lots. It expressly stated that it would not examine the merits of the case and that the trial court must decide the matter on its own merits and according to law. Consequently, the civil application filed alongside the appeal was held not to survive for further consideration and was disposed of.
Issues considered
- Whether the appellate court should stay the proceedings and maintain the status quo pending trial
- Whether the civil application filed with the appeal survives for further consideration
Subjects
- appellate jurisdiction
- status quo
- civil application
- notice of motion
- parking lot dispute
Judgment
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date:
2026.06.24 27-AO-465-2024.doc
10:46:24 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.465 OF 2024
WITH
CIVIL APPLICATION NO.30 OF 2024
IN
APPEAL FROM ORDER NO.465 OF 2024
Vishal Manshuklal Savla And Anr …Appellants/
Applicants
Versus
Savitaben Himmatlal Patel And Ors ...Respondents
——————
Mr. Kalpesh Joshi a/w Ms. Nisha Shah i/b Kalpesh Joshi & Associates for
the Appellants/Applicants
Mr. Aditya Udeshi i/b Sanjay Udeshi & Co. for the Respondent Nos.3 & 4
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : JUNE 22, 2026
P. C. :
1. The Appeal from Order is preferred against the order dated 15 th
June 2019, dismissing the Notice of Motion. This Court is informed
that the Plainti5s have 6led their evidence before the Trial Court and
that the trial has commenced.
2. The Appeal from Order is disposed of by directing the parties to
maintain status-quo qua the subject parking lots.
SQ Pathan 1/2
27-AO-465-2024.doc
3. Needless to clarify that this Court has not gone into the merits of
the matter and that the Trial Court shall decide the proceeding on its
own merits and in accordance with law.
4. Civil Application does not survive for consideration and stands
disposed of accordingly.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 2/2
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