1 762.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 762 OF 2011 Madhusudan Umedbhai Patel ... Appellant. V/s. Kapilaben Arvindbhai Patel & ors. ... Respondents. Gandhar Raika i/b. S.P. Nagvenkar for the appellant. None for the respondents. CORAM: R.M.BORDE, J. DATED : 14th December 2011. P.C. : Heard learned counsel for the appellant. None for the respondents. 2. The order passed by the trial Court granting ad-interim relief in the matter is subject matter of challenge in this appeal from order at the instance of the defendant No.1. By the impugned order, the defendant No.1 is directed to hand over the original share certificate in respect of the suit property to the plaintiff within a period of one week and the notice of motion is made absolute in terms of prayer clause (a). On the given date, the defendant No.1 caused appearance and requested for grant of time to file reply. The trial Court, however, instead of granting time to the defendant to file reply 2 762.11-ao proceeded to allow the notice of motion in terms of prayer clause (a). The interim order passed by the trial Court allowing notice of motion in terms of prayer clause (a) and keeping the same alive for consideration of prayer clause (b) appears to be erroneous. Therefore, in my opinion, it would be in the fitness of thing to direct the trial Court to decide notice of motion afresh after affording opportunity to the defendants to submit his contentions before the Court and also after furnishing proper reply in the matter. The order passed by the trial Court allowing notice of motion in terms of prayer clause (a) is, thus, quashed and set aside and the trial Court is directed to decide the notice of motion afresh after affording opportunity of the hearing to the defendants and to submit their contentions before the Court. The defendants shall tender their reply to the notice of motion within three weeks from today. The trial Court shall decide the notice of motion in accordance with law as expeditiously as possible, preferably, within twelve weeks from the date of receipt of writ of this order. 3. With the aforesaid directions, appeal from order stands dispose of. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)