ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2650 OF 2008 APPLICATION NO. 2650 OF 2008 APPLICATION NO. 2650 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 2660 OF 2008 PETITION NO. 2660 OF 2008 PETITION NO. 2660 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Cyrus Mazkoori, Applicant in-person, present. Mr.Nikhil Sakhardande a/w. Mr.Pratik Pawar and Mr.Mehul Shah i/by M/s.AZB Partners for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 19th November, 2008. : 19th November, 2008. : 19th November, 2008. P.C. P.C. P.C. . The Applicant-Respondent has moved this application to vacate the order passed by this Court. The matter is already fixed for final hearing on 26/11/2008, even otherwise, prima facie at this stage one thing is very clear that the relief which he is claiming of injunction by application Under Order 39 Rule 1 and 2 on Exhibit 5 is the main relief of the suit itself. It is difficult to grant such relief unless the suit is decided. Any way at this ( 2 ) stage, I am not inclined to vacate the stay till the decision of the Writ Petition which is already fixed on 26/11/2008. The matter be listed on board for final hearing. 2. The Civil Application is accordingly, dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]