Bombay High Court
MURTUZA ALI ACHWA AND OTHERSversusSANA MUINUDDIN ACHWA AND ANOTHER
- Decided
- Disposal
- Disposed Off
Holding
The appellate court affirmed that the interim application sought final reliefs and could not be entertained as interlocutory relief, but allowed the parties to convert it into a notice of motion for final hearing.
Summary
The appellants appealed against an order of the City Civil Court at Mazgaon which rejected their interim reliefs on the ground that the reliefs sought were essentially final reliefs and that the interim application should be converted into a notice of motion under the City Civil Rules. The High Court examined whether the trial court was correct in treating the interim application as a final claim and whether procedural compliance was required. It held that the trial court's view was correct and did not interfere with its order. However, the Court permitted the appellants to pursue the matter by converting the interim application into a notice of motion and directed the defendants to file a reply affidavit within four weeks. The appeal was dismissed without costs and all contentions before the lower court were kept open for final determination.
Issues considered
- Whether the interim reliefs sought constitute final reliefs and therefore cannot be granted as interlocutory relief.
- Whether the interim application must be converted into a notice of motion under the City Civil Rules before being entertained.
Subjects
- interim relief
- final relief
- interlocutory relief
- notice of motion
- City Civil Court
- procedural law
- appeal
Judgment
Digitally signed
PRASHANT by PRASHANT
VILAS RANE
VILAS Date:
RANE 2026.09.22
11:27:07 +0530
5COMAO-12-24.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COMMERCIAL APPEAL FROM ORDER NO. 12 OF 2024
Murtuza Ali Achwa And Others ...Appellants
Versus
Sana Muinuddin Achwa And Another ...Respondents
_______
Ms. Sarah Samuel with Ms. Hemali Merva i/b. Nedumpara & Nedumpara, for
the Appellants.
Mr. Som Singh with Neelesha Padavi, for Defendant No.1.
_________
CORAM: G. S. KULKARNI &
Dr.NEELA GOKHALE, JJ.
DATE: 10 SEPTEMBER 2026.
P.C.
1. We have heard learned Counsel for the appellants/plaintiffs on the present
appeal, which challenges an order dated 10 May 2024 passed by the learned
Judge, City Civil Court at Mazgaon, Mumbai, whereby the learned Trial Judge
has observed that the ad-interim reliefs sought in the Interim Application in
question cannot be granted, as they are in the nature of final reliefs in the suit. It is
also observed that no case is made out for grant of any ad-interim relief, and
accordingly the prayers for ad-interim reliefs were rejected. The impugned order
also observes that the Interim Application seeking such interlocutory reliefs in the
suit is required to be converted into a Notice of Motion as per the City Civil
Rules.
2. Learned Counsel for the appellants submits that prayer for ad-interim
reliefs were required to be taken into consideration and the reliefs ought to have
Page 1 of 2
10 September 2026
P.V.Rane
5COMAO-12-24.DOC
been granted.
3. We are not inclined to interfere with the impugned order, as we find that
the principal reliefs prayed for in the suit are also the reliefs prayed for in the
Interim Application to such extent the impugned order cannot be faulted.
4. We, however, dispose of this appeal by permitting the appellants/plaintiffs
to pursue the final hearing of the Interim Application in question, if the same is
now converted in a Notice of Motion. If such Notice of Motion is pending
adjudication for the final reliefs as prayed for, let the same be decided in
accordance with law after granting an opportunity to the defendants to file their
reply affidavit to the Interim Application, if not already filed, which be filed
within a period of four weeks from today, without any plea for further extension.
5. All contentions of the parties before the City Civil Court are expressly kept
open.
6. Disposed of in the aforesaid terms. No costs.
(Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Page 2 of 2
10 September 2026
P.V.Rane
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.