Bombay High Court
SHRI. RAJKUMAR S/O. MALIRAM SHARMAversusSHRI. VISHRUT ANAND SHARMA AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
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
Page 1 of 3
-------------------------------------
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
Checking your session…