1/2 11-AO-389-2019.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 389 OF 2019 Neumee Elegance Chs. Limited, Thr. Its Chairman/ Secretary ...Appellant Versus The Babulnath Ashram Chs Limited,Thr. Its Chairman/Secretary And Anr ...Respondents WITH CIVIL APPLICATION NO. 464 OF 2019 IN APPEAL FROM ORDER NO. 389 OF 2019 _______ Mr. B. P. Pandey a/w Mr. Shyam K. Tripathi i/b Vivek B. Pandey, for the Appellant. Mr. Omar Khaiyam Shaikh i/b Vijay Chavan, for Respondent No.1. Mr. Swatesh Tripathi i/b R. M. Upadhyay, for Respondent No.2. Mr. D. R. Kawale, for the Respondent-BMC. _______ CORAM : ARIF S. DOCTOR, J. DATE : 2 nd FEBRUARY, 2026. P.C. 1. The dispute between the parties is that, pursuant to the development carried out by Respondent No.2, the Appellant claims entitlement to a certain parking area which according to him lies within the area demarcated for the first Respondent-Society. 2. The Appellant's motion for interim relief has been rejected on 7 th January 2019. Given that, the suit is now at the stage of evidence. This Appeal From Order can be disposed of by directing the trial Court to proceed with the suit, Vaibhav 2/2 11-AO-389-2019.DOC ensuring that no unnecessary adjournments shall be granted. 3. Furthermore, learned counsel for the Respondent-Society submits that, pending the outcome of the suit, the parking area will not in any manner be dealt with, which he submits, even otherwise cannot be done. 4. The Civil Application as also Appeal From Order is disposed of. [ARIF S. DOCTOR, J.] Vaibhav