1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2751 OF 2009 M/s.New India Construction Co. ... Petitioner v/s Deviprasad Khandelwal Trust & ors. ... Respondents Mr.V.A.Thorat i/by Surel S. Shah for the petitioner. Mr.Ajay K.J.Panikar for the respondent Nos.1 to 3. CORAM: SMT.NISHITA MHATRE, J. DATED: 26TH JUNE, 2009 P.C.: 1. The petitioner is aggrieved by the order passed by the Co-operative Appellate Court, Mumbai, on 20.1.2009. By this order, the appeal filed by the respondent No.1 herein has been allowed and the order dated 24.11.2008 has been set aside. A further direction has been issued that the order of status-quo granted by the lower Court i.e. the Co- operative Court shall remain in operation till the final decision in this dispute. The petitioner is mainly aggrieved by the prayer that the order of 2 status-quo will continue till the dispute is finally heard. 2. By an order dated 16.9.2008 the Trial Court, on an application made before it, passed the following order:- “Heard. The issue under Section 9A is already framed. The matter is for hearing on said issue. The disputant is filing such application on each date. Hence in the interest of justice and for convenience purpose, status-quo is extended till disposal of preliminary issue.” This order therefore, in my opinion, must continue and the order passed by the Co-operative Appellate Court must be modified to that extent. 3. Hence, Clause 4 of the operative order of the Appellate Court is modified to the extent that the order of status-quo granted by the Trial Court shall continue till the disposal of the preliminary issue which has already been framed under Section 9A of the Code of Civil Procedure. 4. Writ petition disposed of accordingly. 5. In case the Trial Court comes to the conclusion 3 that it has the jurisdiction to entertain the dispute, it shall not be influenced by any observations made in the order of the Co-operative Appellate Court while deciding the interim application filed by the petitioner. .....