2.AO.513.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 513 OF 2025 WITH INTERIM APPLICATION NO. 11831 OF 2025 IN APPEAL FROM ORDER NO. 513 OF 2025 Surinder Kaur J. Chhabara and Anr. .. Appellants Versus Merwan Feroze Cama, Represented through Laxmi Merwan Cama and Ors. .. Respondents ....................  Mr. Sitesh Sharma a/w. Mr. Vijay Upadhyay and Ms. Shweta Das, Advocates for Appellants.  Mr. Rubin Vakil a/w. Sonam Mhatre, Declan Fernandez, Advocates i/by Dhaval Vassouji & Associates for Respondent No.2.  Mr. Bishwajeet Mukharjee a/w. Mr. Naman Gupta, Advocates for Respondent No.3. ......…........... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 08, 2026. P.C.: 1. Heard Mr. Sharma, learned Advocate for Appellants; Mr. Vakil, learned Advocate for Respondent No.2 and Mr. Mukharjee, learned Advocate for Respondent No.3. 2. The trajectory of the present proceeding is somewhat sombre. Exhibit ‘5’ Application in Special Civil Suit No.1195 of 2024 is pending determination before the Trial Court. It was initially heard by 5th Joint Civil Judge Senior Division, Pune; thereafter transferred to 16th Joint Civil Judge Senior Division; thereafter transferred back to the 1 of 3 2.AO.513.2025.doc 5th Joint Civil Judge Senior Division and now it is resting with the 9th Joint Civil Judge Senior Division, Pune. 3. There are prima facie too many convoluted facts though Mr. Sharma and Mr. Vakil have presented the same, this Court giving any imprimatur on merits in respect of a challenge to the ad-interim order would not be in the interest justice as also not in the interest of the parties where there are too many challenges on factual frontiers involving substantive rights of the parties. 4. Mr. Sharma would submit that there are too many coincidences in the matter and though I may not agree with Mr. Sharma, but in so far as the timeline is concerned, every litigant needs to see the result of his proceedings expeditiously. Hence without giving any imprimatur on merits of the matter, the learned 9th Joint Civil Judge Senior Division, Pune is directed by this Court to ensure that the Exhibit ‘5’ Application in Special Civil Suit No.1195 of 2024 is determined by him after hearing all parities thereto within a period of four (4) weeks from today positively. 5. Needless to state that a reasoned speaking order shall be passed by him. All contentions of the parties are expressly kept open and determination of the Exhibit ‘5’ Application will be strictly on its merits without being influenced by any of the observations in the ad- interim order or this order. This Court has not expressed any opinion 2 of 3 2.AO.513.2025.doc on the merits of the matter. 6. Copy of this order shall be placed before the learned Principal District Judge, Pune for compliance and he shall ensure that the concerned 9th Joint Civil Judge Senior Division who is seized with the hearing of the Exhibit ‘5 Application in the aforesaid Civil Suit shall determine the same as directed herein above. 7. In view of the above, Appeal From Order is disposed. 8. In view of disposal of Appeal From Order, pending Interim Application is also disposed. [ MILIND N. JADHAV, J. ] Ajay 3 of 3 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.01.08 18:48:08 +0530