1/3 11-AO-659-19.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 659 OF 2019 Moosa Madam Khan And Ors ...Appellants Versus Shaikh Yunus Haji Abdul Jabbar And Ors ...Respondents WITH CIVIL APPLICATION NO.756 OF 2019 WITH APPEAL FROM ORDER NO.660 OF 2019 WITH CIVIL APPLICATION NO.757 OF 2019 ----- Ms S.V. Sonawane a/w Mr. S.P. Sonawane for Appellant in AO/659/19 Mr. Zhoaib Sayyed for Respondent in AO/659/19 and for Appellant in AO/660/19. ----- CORAM : ARIF S. DOCTOR, J. DATE : 4 th MARCH 2026 P.C. APPEAL FROM ORDER NO.659 OF 2019 1 Heard Ms Sonawane, appearing on behalf of the Appellant. The present Appeal from Order impugns an order dated 9 th May 2015 passed by the Bombay City Civil Court in Notice of Motion No.1579 of 2011 in S.C.Suit No.1628 of 2011. By the impugned order, the Trial Court has restrained the Defendant Nos.1, 2, 3 and 6 to the Suit thereby carrying on any constructions / develop in respect of suit property which are described as follows: Meera Jadhav MEERA MAHESH JADHAV Digitally signed by MEERA MAHESH JADHAV Date: 2026.03.06 10:26:30 +0530 2/3 11-AO-659-19.DOC (i) Plot of Land situate at Kausa, Mumbra, Dist Thane bearing Survey No. 36, Hissa No. 2 (part) of Village Kausa, Taluka and Disrtrict Thane. (ii) Office premises situate at 4-B Madina Building Compound, Ground Floor, Musafirkhana Road, Crawford Market, Mumbai-01. 2 Ms Sonawane submits that the Appellant was Defendant No.1 to the Suit and was the representative of the Haj Committee Mazdoor Welfare Society. She submts that in that capacity, Defendant No.1 had collected monies from various pilgrims, who were going for Haj, from which monies the said plot of land at Kausa was purchased for construction of housing for the workers / labourers, who would help the pilgrims going to Haj by leading their belongings on to the ship in question. She submitted that thereafter since the travel by ship reduced, these workers were left without any employment and most of them accordingly returned to their respective villages. She submits that the said plot in question was thereafter sold to Defendant No.6 to the suit, i.e., Salim Dole and it is Defendant No.6, who is carrying on construction on the said plot of land. Defendant No.6, I am informed, has filed an independent Appeal from order, by which the impugned order is challenged. 3 In the above facts, when it was put to Ms Sonawane as to how the Appellant in this Appeal from Order was aggreived by the said order, since the Appellant was not carrying on construction, nor was the Appellant in possession of the said plot, she fairly conceded that the Appellant would not be aggreived personally and was only supporting the construction on the said plot by Defendant No.6- Salim Dole. 4 In these circumstances, given that the Appellant is admittedly on the Meera Jadhav 3/3 11-AO-659-19.DOC Appellant’s own showing is not aggrieved, there is no merit in this Appeal from Order, the same is accordingly dismissed. 5 In view of the dismisal of the Appeal from order, the Civil Application does not survive and is accordingly disposed of. APPEAL FROM ORDER NO.660 OF 2019 WITH CIVIL APPLICATION NO.757 OF 2019 6 Mr. Sayyed appearing for the Appellant submits that he is today not ready to argue and seeks time. 7 Stand over to 29 th April 2026 [ARIF S. DOCTOR, J.] Meera Jadhav