Bombay High Court
MRS. SURINDER KAUR J. CHHABARRA AND ANOTHERversusLATE MERWAN F. CAMA THR. LRS.LAXMI MERWAN CAMA AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
Holding
The appellate court did not interfere with the merits of the interim application but directed the trial court to decide it within four weeks.
Summary
The appellants, Surinder Kaur J. Chhabara and Anr., appealed an order dated 2025 relating to an interim application (Exhibit ‘5’) in Special Civil Suit No.1195 of 2024, which had been transferred among several Joint Civil Judges in Pune. The trial court had not yet determined the application, and the parties raised numerous factual disputes. The High Court, after hearing counsel for both sides, declined to opine on the merits of the interim application, emphasizing the need for a swift resolution. It directed the 9th Joint Civil Judge Senior Division, Pune, to decide the Exhibit ‘5’ application within four weeks, issuing a reasoned order. The Court expressly stated that its direction was without prejudice to any substantive rights and that no merit-based judgment was being made. Consequently, the appeal and the pending interim application were both disposed of.
Issues considered
- Whether the appellate court may intervene in the merits of an interim application pending before a trial court
- Whether the appellate court can direct the trial court to determine the interim application within a specified time frame
Subjects
- Appellate jurisdiction
- Interim order
- Civil procedure
- Direction to lower court
- Order disposal
- Procedural direction
Judgment
2.AO.513.2025.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 513 OF 2025
WITH
INTERIM APPLICATION NO. 11831 OF 2025
IN
APPEAL FROM ORDER NO. 513 OF 2025
Surinder Kaur J. Chhabara and Anr. .. Appellants
Versus
Merwan Feroze Cama, Represented through
Laxmi Merwan Cama and Ors. .. Respondents
....................
Mr. Sitesh Sharma a/w. Mr. Vijay Upadhyay and Ms. Shweta Das,
Advocates for Appellants.
Mr. Rubin Vakil a/w. Sonam Mhatre, Declan Fernandez, Advocates
i/by Dhaval Vassouji & Associates for Respondent No.2.
Mr. Bishwajeet Mukharjee a/w. Mr. Naman Gupta, Advocates for
Respondent No.3.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : JANUARY 08, 2026.
P.C.:
1. Heard Mr. Sharma, learned Advocate for Appellants; Mr.
Vakil, learned Advocate for Respondent No.2 and Mr. Mukharjee,
learned Advocate for Respondent No.3.
2. The trajectory of the present proceeding is somewhat
sombre. Exhibit ‘5’ Application in Special Civil Suit No.1195 of 2024 is
pending determination before the Trial Court. It was initially heard by
5th Joint Civil Judge Senior Division, Pune; thereafter transferred to
16th Joint Civil Judge Senior Division; thereafter transferred back to the
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2.AO.513.2025.doc
5th Joint Civil Judge Senior Division and now it is resting with the 9 th
Joint Civil Judge Senior Division, Pune.
3. There are prima facie too many convoluted facts though Mr.
Sharma and Mr. Vakil have presented the same, this Court giving any
imprimatur on merits in respect of a challenge to the ad-interim order
would not be in the interest justice as also not in the interest of the
parties where there are too many challenges on factual frontiers
involving substantive rights of the parties.
4. Mr. Sharma would submit that there are too many
coincidences in the matter and though I may not agree with Mr.
Sharma, but in so far as the timeline is concerned, every litigant needs
to see the result of his proceedings expeditiously. Hence without giving
any imprimatur on merits of the matter, the learned 9 th Joint Civil
Judge Senior Division, Pune is directed by this Court to ensure that the
Exhibit ‘5’ Application in Special Civil Suit No.1195 of 2024 is
determined by him after hearing all parities thereto within a period of
four (4) weeks from today positively.
5. Needless to state that a reasoned speaking order shall be
passed by him. All contentions of the parties are expressly kept open
and determination of the Exhibit ‘5’ Application will be strictly on its
merits without being influenced by any of the observations in the ad-
interim order or this order. This Court has not expressed any opinion
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2.AO.513.2025.doc
on the merits of the matter.
6. Copy of this order shall be placed before the learned
Principal District Judge, Pune for compliance and he shall ensure that
the concerned 9th Joint Civil Judge Senior Division who is seized with
the hearing of the Exhibit ‘5 Application in the aforesaid Civil Suit shall
determine the same as directed herein above.
7. In view of the above, Appeal From Order is disposed.
8. In view of disposal of Appeal From Order, pending Interim
Application is also disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.01.08
18:48:08 +0530
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