: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.353 OF 2008 WITH CIVIL APPLICATION NO.414 OF 2008 Mohd. Kunju Kamaluddin ..Appellants. Vs. Prabhudas Ramdas Thakur & Ors. ..Respondents. Mr.C.J.Sawant, Senior Counsel with Mr.Akhilesh Dubey i/b. M/s.Tripathi & Co. for the Appellants. Mr.Jeetendra Sachdev for Respondent Nos.1 to 5. Mr.A.Y.Sakhare, Senior Counsel i/b.Mr. Vinod L. Bade for Respondent No.6. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 30TH APRIL, 2008 DATED : 30TH APRIL, 2008 DATED : 30TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order has not dealt with the merits of the contentions between the parties in view of the arbitration proceedings which were pending at one time. 3. Mr.Sakhare however raised a further contention regarding the maintainability of the suit itself in view of all that has transpired before the learned Arbitrator and in Special Civil Suit No.76 of 2005. : 2 : As I intend remanding the matter,this question may also be raised before the learned trial Court. 4. In the circumstances, the impugned order is set aside. The matter is remanded for a fresh decision. The learned Judge shall deal with all the contentions including on the question of maintainability of the suit and on merits, while dealing with the matter. 5. Till the decision of the learned trial Judge, the parties shall maintain status-quo in respect of the suit property. 6. Considering that the matter has been remanded, the trial Court is requested to dispose of the matter as expeditiously as possible according to it the status of a part-heard matter and, preferably by 31st August, 2008. 7. Appeal from Order stands disposed of accordingly. Nothing Survives in the Civil Application which also stands disposed of as such. ***