1 CAW-1494.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1494 OF 2011 IN WRIT PETITION NO.9146 OF 2009 Nandlal Jumani : Applicant. Versus State of Maharashtra & Anr. : Respondents. Mr. Pradeep Mandhyan i/by Mrs. Leena Nichani for the Applicant. Mr. S D Rayrikar AGP for Respondent No.1. Mr. S Naik for Respondent No.2. CORAM : R M SAVANT, J. DATE : 30th November 2011 P.C. 1 The above Civil Application has been filed by the Applicant praying for following relief :- (a) that pending the final hearing and disposal of Writ Petition NO.9146 of 2009, the trial of RCS No.200 of 2007 /SCS No.1626 of 2008 before the 8th/10th Civil Judge, Senior Division, Pune City, Pune be stayed.” The above Petition has been admitted on 2/7/2010 and it is required to be noted that no interim relief was granted, as according to the learned counsel for the Applicant, the interim relief was not pressed for. 2 It appears that against the admission of the above Petition, the original Plaintiff had filed a SLP in the Apex Court being Petition (s) for Special Leave to Appeal (Civil) No.30489/2010. The said SLP came to be dismissed by the Apex Court by order dated 12/11/2010. The Apex Court however 2 CAW-1494.11.sxw requested this Court to expedite the hearing of the above Petition. 3 In the above Petition the issue involved is as regards rejection of the Application of the Defendant for interrogatories to the Plaintiff and for re- casting of the Issues. It is required to be noted that the interim relief is not operating in the above Petition since 2/7/2010. The learned counsel for the original Plaintiff says that the suit is fixed for hearing on 9/12/2011. Upon this, the learned counsel for the Petitioner states that the trial Court was hearing the application for breach of the injunction order which hearing has resultantly concluded, i.e. last week, and the said application for breach of the injunction order has been rejected. 4 In my view considering the fact that the issue involved in the above Petition is as regards re-casting of issues as also for interrogatories to the Plaintiff, there is no warrant to grant interim relief as prayed for in the above Civil Application at this stage. The above Civil Application is accordingly rejected. However, the hearing of the above Petition is expedited and the Petition is directed to be placed for final hearing in the week commencing from 4th January 2012 on the daily board after admissions. [R.M.SAVANT, J]