Bombay High Court

HABIB UR REHMAN MALANI AND ORS.versusNAIMULLAH KHAN S/O. AMANULLAH KHAN AND ORS..

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal may be heard at the admission stage and the requested documents must be produced.

Summary

The appellant, Habib ur Rehman Malani and others, filed a first appeal (No. 526/2026) against a temporary injunction order issued in the lower court. They sought to have the appeal heard at the admission stage and also applied for the production of certain documents. The respondents opposed the document production, arguing the documents were irrelevant to the appeal. The court held that an appeal arising from an interim order may be heard at the admission stage and granted permission to produce the documents. Consequently, the court ordered the appeal to be listed for admission on 6 October 2026 and allowed both civil applications.

Issues considered

Whether an appeal arising from a temporary injunction order can be heard at the admission stage.
Whether the documents sought by the appellant are relevant and should be produced for the appeal.

Subjects

interim injunction
admission stage hearing
document production
civil application
temporary injunction
appeal procedure

Judgment

                            1                        907.CA-9672-2026.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 9672 OF 2026
                      IN FA/526/2026
      HABIB UR REHMAN MALANI AND ORS.
                  VERSUS
 NAIMULLAH KHAN S/O. AMANULLAH KHAN AND ORS.
                     WITH
               FIRST APPEAL NO. 526 OF 2026
                            WITH
     CIVIL APPLICATION NO. 2286 OF 2026 IN FA/526/2026
     CIVIL APPLICATION NO. 9219 OF 2026 IN FA/526/2026
     CIVIL APPLICATION NO. 9673 OF 2026 IN FA/526/2026
                                 …
          Advocate for Applicant : Mr. Gulam Dastagir Shaikh

         Advocate for Respondents : Mr. Sushant V. Dixit And
                      Mr. Khan Abdul Hakeem
                                …
                                CORAM      : ROHIT W. JOSHI, J.
                                   DATE    : 24 th SEPTEMBER 2026

PER COURT :

ORDER IN CIVIL APPLICATION NO. 9673 OF 2026 :
1.         The prayer in Civil Application No. 9673/2026 is to hear
the appeal finally at the stage of admission.The appeal arises out of a
temporary injunction order passed below Exhibit-5 in change report
proceedings. Since the appeal arises out of an interim order, the
request for hearing of the appeal at the admission stage deserves to
be accepted.
                            2                       907.CA-9672-2026.doc



2.         Civil Application No.9673/2026 is allowed and disposed of
accordingly.


3.         List the First Appeal No. 526/2026 at the admission stage
on 06.10.2026.


ORDER IN CIVIL APPLICATION NO. 9672 OF 2026 :
4.     Civil Application No. 9672/2026 is filed seeking production
of documents. The application for change report has been filed by the
Respondent in the appeal.


5.         The learned Advocate for the Appellant opposes the
application on the ground that the documents are not relevant for
deciding the present appeal.


6.         Civil Application No.9672/2026 is allowed. Permission is
granted to produce the documents on record.



                                            ROHIT W. JOSHI
                                               JUDGE




NAJEEB..

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