1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.422 OF 2008 WITH CIVIL APPLICATION NO.389 OF 2010 WITH CIVIL APPLICATION NO.497 OF 2008 Shri Gokuldas R. Pai ...Appellant. v. M/s. Shah Developers Pvt. Ltd. ...Respondent. Mr. S.A.Sawant, adv., for the Appellant/applicant Mr.Deepak Chitnis i/by M/s.Deepak Chitnis Chiparikar & Co. adv., for the respondent. CORAM : J.H.Bhatia, J. DATE : 27th September, 2010 P.C.: 1 Appeal is already admitted and this civil application is filed for interim relief pending the suit. The learned counsel for the respondents makes a statement that construction of 13 floors of 22 storied building have been already completed and all the 68 flats are already sold to different customers. The learned counsel for the parties also informs that the suit is already at the stage of final hearing . Question about the genuineness or otherwise of the documents in respect of which appeal from order is filed can be considered during the trial of the suit. 2 2 In view of this, with consent of the learned counsel for the parties appeal as well as civil application may be disposed off with the following directions: (i) The trial Court shall expedite and dispose off the Short Cause Suit No.3495 of 2007 till the end of February, 2011. No adjournment shall be granted to any of the parties unless it is absolutely necessary. Respondents shall not create any further third party interest in the property under construction. All the contentions of both the parties are left open to be decided during the trial of the suit. 3 Appeal and the applications stand disposed off accordingly. (J.H.BHATIA, J.) 3