1 ao492.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order NO. 492 of 2010 WITH Civil Application No. 637 of 2010 IN Appeal From Order No. 492 of 2010 Nahar Builders & Developers Ltd. & anr. ...Appellant v/s. Orchid Enclave Co-op. Hsg. Society Ltd. & ors. ..Respondents Komal Choudhary for the appellant. Mr. V.J. Hegde for respondents 1-3. Mrs. K.K. Soraan for BMC. CORAM:- B.R. GAVAI, J DATED :- JANUARY 11, 2011. P.C. The present Petition challenges the order dated 25th February, 2010 vide which the Learned trial Court by an ad-interim order has granted status-quo. 2. The Learned Counsel for the Appellant submits that the order 2 ao492.10.sxw impugned is not at all sustainable. He submits that for the same relief the earlier suit has been filed by the plaintiff and as such the second suit itself was not tenable. 3. It is further submitted that the finding of the Learned trial Court regarding possession on the basis of the FIR which is lodged by the present Appellants is also not sustainable in law. 4. Almost for an year the ad-interim order has been operating in the matter. In that view of the matter, I find that ends of justice will be met by directing the Learned City Civil Court to decide the Notice of Motion itself within a period of one month. It is not in dispute that replies have already been filed and matter is ripe for hearing. It is further directed that the Learned trial Court would not be influenced by the observations made by granting ad-interim order and would consider the matter on merits on the basis of the rival submissions that would be made before it by the contesting parties. 5. The Appeal is, therefore, disposed of with the aforesaid observations. 3 ao492.10.sxw 6. In view of disposal of the Appeal, nothing survives for consideration in the Civil Application, the same is also disposed of accordingly. (B.R. GAVAI, J)