IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER FROM ORDER FROM ORDER NO.87 OF 2008 NO.87 OF 2008 NO.87 OF 2008 Shri Ashok Patel ..Appellants / Orig.Defendant No.1 V/s. Nancy Ramchandani & Ors. ..Respondents Shri Vineet B. Naik with Jyoti Ghag i/by M/s.Thakore Jariwala & Associates for Appellants Mrs. Geeta Jogalekar for Respondent No.4 and Ms. Nita Mandhyan for Respondent No.2 CORAM : S.J. VAZIFDAR, J. DATED : 5TH JUNE, 2008. P.C. : . Admit. Heard finally. By the impugned order, the learned Judge has refused to consider the applicant’s Notice of Motion in the light of the pending Writ Petition filed by the respondents, being Writ Petition No. 653 of 2007 challenging the permission granted by the B.M.C. dated 26th December, 2006. The mere filing of the Writ Petition would not preclude the Trial Court from considering the application on merits. Admittedly, there is no stay granted by this Court in the said Writ Petition. 2. In the circumstances, the impugned order is set aside and the Trial Court shall decide the Notice of Motion on merits. The parties shall appear before the Trial Court in the first instance on 16th June, 2008 at 11:00 a.m. and thereafter, as directed by the Trial Court.