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Bombay High Court

SHRI. RAJKUMAR S/O. MALIRAM SHARMAversusSHRI. VISHRUT ANAND SHARMA AND ANOTHER

Decided
Disposal
Disposed Off

Holding

The appellate court ordered the trial court to dispose of the pending Notices of Motion by 30 June 2026 and vacated all interim orders, disposing the appeals without costs.

Summary

The appellant Rajkumar Sharma appealed against two orders of the Trial Court dated 5 August 2023 and 27 September 2024 that rejected his ad‑interim reliefs. The respondents Vishrut Anand Sharma and others filed a counter suit seeking to set aside those interim orders. Both parties complained that the Notices of Motion relating to the interim reliefs remained pending despite the earlier orders. The High Court, with the parties’ consent, directed the Trial Court to hear and dispose of the pending Notices of Motion by 30 June 2026. It also ordered that all interim applications and orders pending in the matters be vacated and disposed of, and dismissed the appeals without any order as to costs.

Issues considered

  • Whether the appellate court can direct the trial court to expedite pending Notices of Motion.
  • Whether the interim orders passed by the trial court should be vacated pending disposal of the motions.

Subjects

  • Appellate jurisdiction
  • Interim relief
  • Notice of motion
  • Vacating orders
  • Procedural delay

Judgment

                                                                                             17. AO 7.2024
                                                                         Rajkumar Sharma vs/ Vishruti Sharma


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                      APPEAL FROM ORDER NO. 7 OF 2024
                                   WITH
                    INTERIM APPLICATION NO. 281 OF 2024
                                    IN
                      APPEAL FROM ORDER NO. 7 OF 2024

Rajkumar s/o. Maliram Sharma                                            … Appellant/Applicant

         V/s.

Vishrut Anand Sharma and Ors.                                           … Respondents

                                   WITH
                     APPEAL FROM ORDER NO. 921 OF 2023
                                    WITH
                   INTERIM APPLICATION NO. 17180 OF 2023
                                     IN
                     APPEAL FROM ORDER NO. 921 OF 2023
                   _______________________________________

Mr. S.R. Gupta for the Appellant/Applicant
Mr. Anil S. Kharatmal for the Respondents
                 _______________________________________

                                  CORAM : FARHAN P. DUBASH, J.

                                  DATE                 : 10th APRIL 2026
P.C. :

1.              The present Appeal has been filed by the Appellants against an

impugned order dated 5th August 2023 passed by the Trial Court, rejecting

ad-interim reliefs that were sought by the Appellants/Plaintiffs.

2.              The Defendant in Suit No. 1792 of 2023 had preferred another

Suit against the Appellant before the Trial Court viz., S.C. Suit No.2243 of

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                                  Order dated 10th April 2026
                                                                                           17. AO 7.2024
                                                                       Rajkumar Sharma vs/ Vishruti Sharma


2023 in which he seeks to set aside ad-interim reliefs, which came to be

rejected by the Trial Court vide order dated 27 th September 2024. This

impugned order is challenged in Appeal from Order No.7 of 2024.


3.            Both the Appeals from Order are on board today.


4.            Both parties state that despite the impugned orders being passed

by the Trial Court as far back as on 5 th August 2023 and 27th September

2023, the two Notices of Motion in which they were passed, are still pending

and have not yet been disposed of. In fact, they point out that the two

Notices of Motion were placed on board for hearing today but due to paucity

of time, no hearing took place. Both parties state that since the impugned

orders were passed, no protective reliefs have been granted in their favour by

this Court.


5.            Considering this, and with the consent of parties, since the two

Notices of Motion are now scheduled to come up for final hearing, this Court

deems it fit and proper to direct the Trial Court to hear and dispose of the

said two Notices of Motion, as expeditiously as possible and in any event, on

or before 30th June 2026. Both the Appeals from Order are disposed of in

terms of this order with no order as to costs.


6.            All pending Interim Applications filed therein, if any, also stand



                                           Page 2 of 3
                               -------------------------------------
                                 Order dated 10th April 2026
                                                                                                            17. AO 7.2024
                                                                                        Rajkumar Sharma vs/ Vishruti Sharma


       disposed of in terms of this order, and all interim orders passed therein, if

       any, shall stand vacated.


       7.                      Parties shall place this order before the Trial Court and request

       the Trial Court to comply with the same.



                                                                       ( FARHAN P. DUBASH, J. )
       Jyoti Pawar



            Digitally signed
JYOTI   by JYOTI
        PRAKASH
PRAKASH PAWAR
        Date:
PAWAR   2026.04.16
            10:34:59 +0530




                                                            Page 3 of 3
                                                -------------------------------------
                                                  Order dated 10th April 2026


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