:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5482 OF 2006 Ashok Leyland Finance ....Petitioners Versus Gulab Dhondiba Kale and anr. ....Respondents WRIT PETITION NO. 5483 OF 2006 Ashok Leyland Finance ....Petitioners Versus Mansing Shankar Jadhav and anr. ..Respondents WRIT PETITION NO. 5634 OF 2006 Ashok Leyland Finance ....Petitioners Versus Sahebrao Rabhaji Gavali & anr. ...Respondents :2: WRIT PETITION NO. 5633 OF 2006 Ashok Leyland Finance ....Petitioners Versus Lahanu Maruti Navale and anr. ....Respondents Ms.Suja i/by. Dunmorr Sett for the petitioners. P.M.Chakurkar for respondent no.1. M.P.Rege and Co. for respondent no.2. CORAM: CORAM: CORAM: S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. 21.11.2007 21.11.2007 21.11.2007 P.C. P.C. P.C. : : : 1. Heard learned counsel appearing for the petitioner. Perused the impugned order. The orders are passed upon an application made by the petitioner defendant seeking a relief that the suit be dismissed as infructious. :3: 2. Despite the events being noticed, the court has decided to proceed with the suit on merits. That by itself does not mean that the court has finally pronounced on the issues raised in the application preferred by the petitioner. It would be open for the petitioner to point out that the suit claim is rendered infructious on account of the events and developments subsequent to its institution. Such pleas can even now be raised and the court is obliged to consider them irrespective of the rejection of their application. By keeping all such pleas and contentions open for both sides, the present petition is dismissed. (S.C.Dharmadhikari,J)