A.O. No.984 OF 2009 A/W CAA NO.404 OF 2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.404 OF 2010 IN APPEAL FROM ORDER NO.984 OF 2009 IN S.C. SUIT ST. NO.2451 OF 2008 A/W APPEAL FROM ORDER NO.984 OF 2009 Balaram Piraji Shingte ... Applicant V/s. Abaji Piraaji Shingte & anr. ... Respondents Mr.P.K. Dhakephalkar a/w A.R. Shaikh for Applicant Mr.V.S. Kapse for Resp. No.1 Ms.Pumi Doctor i/b M/s.Manilal Kher Ambalal & Co. for Respondent No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: JULY 16, 2010 P.C.: 1. The civil application has been filed for recalling the order dated 2.3.2010 passed while admitting the Appeal from Order No.984 of 2009. 2. I am informed that a Notice of Motion is still pending herein before the City Civil Court. The Appeal from Order has been filed against an ad-interim order rejecting the interim relief. A.O. No.984 OF 2009 A/W CAA NO.404 OF 2010 : 2 : 3. In these circumstances, the parties agree that the Appeal from Order itself can be disposed of in terms of the ad-interim relief granted by this Court while admitting the appeal, during the hearing of the Motion. Accordingly, the Appeal from Order is disposed of with the following order: i) The ad-interim relief granted in terms of prayer clause (b) of Civil application No.1238 of 2009 shall continue during the pendency of the Notice of Motion Stamp No.2451 of 2008. ii) The Notice of Motion shall be disposed of by the trial Court within four weeks from today. iii) The trial Court will also decide the preliminary issue which has been raised during the hearing of the Motion. iv) The trial Court shall dispose of the Notice of Motion uninfluenced by any order passed by this Court. 4. Appeal from Order and the Civil applications are disposed of in the above terms.