1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.209 OF 2009 IN APPEAL FROM ORDER NO.173 OF 2009 Shree Ravji Dhanji Shah & Ors. ..Applicants V/s Rajashree Shelters Pvt.Ltd., & Ors. ..Respondents ---- Mr.R.S.Apte i/by Ashutosh Gole for the applicants. Mr.G.S.Godbole i/by Nitin Muley for the respondents. Coram : R.S.MOHITE,J Date : 28th August, 2009. PC 1 This is an application for stay of further proceedings. Appeal from Order is against an order rejecting the applicants’ application in the suit under Order 39 Rule 11. In my view, it is not necessary to stay the proceedings. Hence, Civil Application is rejected. Since the very short point as to whether a mere statement in the plaint amounts to undertaking, is involved in the Appeal from Order and the same is a point of law, Appeal from Order can also be disposed off early. Place the Appeal from Order at the bottom of the admission board on 9.9.2009. (R.S.MOHITE,J) 2