1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 104 OF 2010 WITH CIVIL APPLICATION NO. 160 OF 2010 M/s. Jai Kulswamini Construction ... Appellant (Org.Plaintiff) Vs. Shri Ananta Kolya Todekar & Ors. .. Respondents (Org.Defendants) Mr. Anant B. Shinde, Advocate, for the appellant. Mr. B.A.Walimbe, Advocate, for respondent Nos. 1 to 3. Mr. P.S.Dani, Advocate, for respondent No.7 CORAM: J.H.BHATIA, J. DATE : 15th March , 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The plaintiff/appellant has filed this Appeal challenging the order passed by the trial Court vacating the ad-interim status quo order, but the application Exhibit 5 is still pending. It appears that as per the order of this Court, the trial Court was required to frame a preliminary issue on the point of limitation under Section 9(a) of C.P.C. The learned Counsel for the parties informed that the issue was framed, evidence has been already led, arguments are also heard and the 2 suit is now fixed for order on that preliminary issue on 23.3.2010. According to the learned Counsel for respondent no.7 - builder, agreements for sale of certain flats have already been entered into. However, no third party interest has been created in respect of some other flats. This Court had, on the last date, noted that 14 floors of the building have already been completed and, therefore, status quo cannot be granted. The Supreme Court also refused to interfere in the order in the SLP filed by the appellant. 3. Taking into consideration the circumstances, it will not be appropriate to pass any order of status quo at this stage, however, the respondent No.3 shall not to create third party interest in the property pendig decision on the preliminary issue. 4. In case the preliminary issue is decided in favour of the plaintiff/appellant, his application Exhibit 5 for interim relief pending the suit shall be expeditiously heard and disposed of on its own merits. Appeal stands disposed of accordingly. 5. As the Appeal itself is disposed of, C.A. No.160 of 2010 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) 3