Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3883 OF 2013
[Arising out of Special Leave Petition (Civil)
No.27519 of 2008]
MUMBAI INTERNATIONAL AIRPORT
PRIVATE LTD. ...APPELLANT
VERSUS
INDAMER COMPANY PRIVATE LIMITED
& ANR. ...RESPONDENTS
ORDER
Leave granted.
This appeal was filed against interim order,
nd
dated 2 July, 2008, in Appeal From Order No.418
of 2008 in Notice of Motion No.82 of 2007 in Short
Cause Suit No.45 of 2007. By the aforesaid order,,
the High Court had granted a limited injunction
that pending the hearing and final disposal of the
suit the appellant shall not dispossess or
JUDGMENT
interfere with the possession of respondent No.1
except by due process of law.
Subsequent to the passing of the aforesaid
order, the appellant has settled the entire
dispute with respondent No.1, who has already
vacated the suit premises and has occupied another
space, under the subsequent independent arrangement
...2/-
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between the parties. In the application (I.A.
NO.5/2013 in SLP(C) NO.27519/2008) filed on behalf
of appellant for seeking permission to file
additional documents, it has been brought to our
notice that the aforesaid suit in which the interim
order had been passed was actually dismissed on
th
28 June, 2012. Since the suit in which the
interim order had been passed has been dismissed,
obviously, the impugned order also cannot be
sustained.
In view of the above, the impugned order
passed by the High Court is set aside.
The appeal is disposed of with the aforesaid
observations. No costs.
....................,J.
(SURINDER SINGH NIJJAR)
JUDGMENT
....................,J.
(PINAKI CHANDRA GHOSE)
NEW DELHI
APRIL 15, 2013
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