1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.850 OF 2011 WITH CIVIL APPLICATION NO.1122 OF 2011 Garden Residency Co-op. Housing Society and Anr. ...Appellants. v/s Smt. Shashikala Pai and Anr. ...Respondents. Mr. M.M.Vashi i/by M/s M.P.Vashi & Asso. ,adv. For the Appellants. Mr. A.V.Anturkar i/by Mr. Suresh Kamble, advs. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : AUGUST 5, 2011. P.C. 1 Heard. 2 Appeal is preferred by the original defendants against ad- interim order passed on 8th July, 2011 directing both the parties to maintain status-quo in Special Civil Suit No.423 of 2011 pending before the Civil Judge Senior Division, Panvel. That was ex-parte order and notice was directed under Order 39 Rule 3 of the C.P.C. As per the provisions of Rule 3-A of the Order 39 where an injunction has been granted without giving notice to the opposite party, Court shall make endeavour to finally dispose off the application within 30 days from the date on which the injunction was granted ; and where it is unable so to 2 do, it shall record its reasons for such inability. The learned counsel for the parties inform that the matter has been fixed for final hearing of the application, Ex.5 on 8.8.2011. In fact, I agree that the learned Judge should have given earlier date so that the matter could be disposed off within 30 days. Any how, period of 30 days expires on 7th August, 2011, which is Sunday, therefore, order could be passed on 8th August, 2011 and still it would be within limits of 30 days. As the matter is now fixed on 8.8.2011, in my opinion, without going into the merits of the present appeal, it may be disposed off with the following directions: The trial Court shall hear the parties on 8.8.2011 and shall endeavor to pass the order on the same day and if not possible, in any case on or before 12th August, 2011 without fail. 3 Appeal and the application stand disposed off. (J.H. BHATIA,J.)