1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1421 OF 2010 WITH CIVIL APPLICATION NO.764 OF 2011 Cornell Housing Infrastructure Pvt. Ltd. ...Appellant. v. Geeta Patkar and Ors. ...Respondents. Mr. Pravin Samdhani, Sr.Counsel a/w Prasad K. Dhakephalkar Sr.Adv., Cyrus Ardeshir, Kunal Vajani and Pranaya Goyal i/by M/s. Wadia Ghandy & Co. ,advs. For the Appellant. Mr. Mustafa Doctor i/by M/s Dhruva Liladhar & Co., adv. For the Respondent No.1. Mr. N.H.Goswami i/by M/s Bilawala & Co., adv. For the R.Nos.2 to 5, 9 to 11 and 20. Mr. Simil Purohit i/by M/s RKM Legal, adv. For the R. Nos.8,12,13 and 14A, 14B, 18A, 18D, 19A and 19B. Mr. Suraj Iyer i/by Ganesh & Co., adv. For the R.Nos.15A and 15B. CORAM : J.H. BHATIA, J. DATED : JULY 12, 2011. P.C. 1 After hearing at some length and discussion across the bar, the learned counsel for the parties agree that without giving reasons, appeal may be disposed off with the following directions: The Civil Judge Senior Division, Thane shall club the hearing of the Special Civil Suit No.55 of 2010 and Special Civil Suit No.78 of 2011 and proceed to hear and dispose off the same together. 2 2 As the question of limitation has been raised in Special Civil Suit No.55 of 2010 and similar issue has been raised in Special Civil Suit No.78 of 2011 as preliminary issue under Section 9A, in both the suits the learned trial Court shall proceed to hear preliminary issue of limitation and decide the same. In Special Civil Suit No.78 of 2011 ad- interim injunction has been granted while the application for temporary injunction is pending. As the preliminary issue has to be decided, in Special Civil Suit No.55 of 2010 also, the impugned order shall be treated as ad-interim order and after the question of jurisdiction is decided, application may be re-heard alongwith the similar application for injunction in Special Civil Suit No.78 of 2011. 3 Appeal stands disposed off. As the appeal itself is disposed off, civil application no.764 of 2011 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)