:1: :1: :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 WRIT PETITION NO.8275 OF 2005 Harilal Hundraj Lilani .. Petitioner. Vs. Dolly Ardeser Irani & Ors. .. Respondents. Mr.A.S.Khandeparkar with Mr.D.Brijesh i/b M/s.Khandeparkar & Associates for the petitioner. Mr.S.M.Oak for respondent no.3. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH FEBRUARY, 2008. DATED : 18TH FEBRUARY, 2008. DATED : 18TH FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This petition impugns an order dated 24.3.2005 passed on the application at Exhibit-25 in R.C.S.No.339 of 2004 by which the application filed by respondent-defendant nos.1 and 2 has been allowed. In that application defendant nos.1 and 2 had contended that the suit itself is not maintainable in view of section 88 read with Order 35 Rule 5 of the Code of Civil Procedure in the light of the pleadings in paragraph 4 of the plaint. I perused the order and other material placed before me. Considering the reasons stated in the order and the date of impugned order, that is, 24.3.2005, in my opinion, it does not warrant interference by this court under Article 227 :2: :2: :2: of the Constitution of India. It is not clear whether the trial Court has decided the preliminary issue or not, however, if the issue is still pending adjudication, the trial Court shall proceed to decide it as expeditiously as possible and preferrably within a period of 12 weeks from the date of receipt of this order and shall proceed to dispose of the suit expeditiously, if the suit is held to be maintainable. Pending hearing of the preliminary issue and/or the suit it is open for the trial Court to decide the application filed by the petitioner seeking permission to deposit the rent. With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)