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 10 September 2026 P.V.Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.09.22 11:27:07 +0530 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.) 10 September 2026 P.V.Rane