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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,  

dated 2nd 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  

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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:2:

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  

28th 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)

....................,J. (PINAKI CHANDRA GHOSE)

NEW DELHI APRIL 15, 2013