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Bombay High Court

PEER MOHAMMAD ROOSTAM ALI HASHMI AND OTHERSversusSLUM REHABILILATION AUTHORITY (SRA) AND OTHERS

Decided
Disposal
Disposed Off

Holding

The appellate court held that the trial court must decide the pending notice of motion expeditiously, within six weeks, and no adjournments are permitted, disposing of the appeal.

Summary

The appellants, Peer Mohammad Roostam Ali Hashmi and others, appealed against an order of the City Civil Court, Bombay, which had denied ad interim relief in a draft notice of motion filed in L.C. Suit No.10679 of 2026. The appeal was filed under Order XXIII Rule 1 read with Rule 104 of the Civil Procedure Code. The High Court, after hearing counsel, observed that the notice of motion remains pending before the trial court and should be decided expeditiously, preferably within six weeks, without any further adjournments. The court expressly refrained from expressing any view on the merits of the parties' contentions, leaving them open for the trial court to adjudicate. Consequently, the appeal was disposed without costs, and the status quo was ordered to be maintained until the trial court hearing.

Issues considered

  • Whether the appellate court should grant ad interim relief and stay the trial court proceedings in the pending notice of motion
  • Whether the trial court should be directed to decide the notice of motion within a specific time frame
  • Whether parties may seek adjournments in the hearing of the notice of motion

Legislation cited

Subjects

  • Civil Procedure Code
  • interim relief
  • appeal
  • stay of proceedings
  • adjournment
  • status quo
  • trial court
  • notice of motion

Judgment

                                                                                          14-AO-842-26.DOC


JYOTI
RAJESH                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANE                                  CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI RAJESH
MANE
Date: 2026.10.06
18:55:49 +0530
                                     APPEAL FROM ORDER NO. 842 OF 2026



                   Peer Mohammad Roostam Ali Hashmi And Others           ...Appellants
                         Versus
                   Slum Rehabililation Authority (sra) And Others        ...Respondents

                                                        _______
                   Mr. Sagar Batavia i/b. Mr. Samir Sarambhalkar, for Appellants.
                   Ms. Ravleen Sabharwal i/b. R.S.Justicia Law Chambers, for Respondent No.1.
                   Ms. Yashi Bhatt, (Through V.C.), for Respondent .
                   Mr. Dinesh J. Haldankar, AGP for Respondent No.2-State.
                   Ms. Smita Tondwalkar i/b. Komal Punjabi, for Respondent No.3-BMC.
                                                       _______

                                              CORAM:         AARTI SATHE, J.

                                               DATE:         06 OCTOBER 2026

                   P.C.


                   1.     This Appeal from order has been filed under Order XXLIII Rule 1 read

                   with 104 of the Civil Procedure Code (‘CPC”) against the order dated 08 August

                   2026 passed by the City Civil Court at Bombay, (Trial Court ) in Draft Notice of

                   Motion in L.C.Suit St.No.10679 of 2026 by which ad interim prayers as prayed

                   were not granted in aforesaid Notice of Motion.

                   2.     Having heard learned counsel appearing on behalf of the parties, this Court

                   is of the view that, since the Notice of Motion is pending adjudication before the

                   trial Court, it would be appropriate for the trial Court to decide the aforesaid




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                                                                        14-AO-842-26.DOC



Notice of Motion as expeditiously as possible and, preferably, within a period of six

weeks from today.

3.     The parties to the proceedings shall not seek any adjournment at the hearing

of the aforesaid Notice of Motion.

4.     Needless to observe that this Court has not delved into the merits of the

case and has not expressed any prima facie view in respect of the rival contentions.

The trial Court shall independently adjudicate upon the rival contentions raised by

the parties in the aforesaid Notice of Motion.

5.     All contentions of the parties in respect thereof are expressly kept open.

6.     The Appeal from Order is, therefore, disposed of in the aforesaid terms. No

order as to costs.

7.     Interim Applications, if any, also stand disposed of.

8.     Status quo shall be maintained by both parties until the hearing of the

aforesaid Notice of Motion.




                                              (AARTI SATHE, J.)




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Mane


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