1 CA-299-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CVIL APPLICATION NO.299 OF 2010 in APPEAL FROM ORDER NO1294 OF 2008 Sumer Castle Building Nos. "A", "B" & "C" Co-op. Housing Society Ltd. & Anr. ... Applicants Vs. M/s. Sumer Builders & Ors. ... Respondents Mr. N.P.Shimpi,Advocate, for the Applicants Ms. Yasmin Bhansali i/b. M/s. Yasmin Bhansali & Co.,Advocates for the respondent No.1. CORAM: J.H.BHATIA,J. DATE : 13th September, 2010. P.C. 1. The learned Counsel for the applicants and respondent No.1 make a statement that the respondent No.1, who is a builder is the main contesting party and the learned Counsel for the applicants/appellants makes a statement that the appellants are not seeking any immediate relief against the other respondents and also makes a statement that he would serve those respondents also. 2. In view of this, the Application is allowed. A.O. No.1294 of 2008 is hereby restored to file. It is hereby made clear that even though the appeal is admitted, no stay has been granted to proceed with the suit. Therefore, the trial Court shall continue to proceed with the matter and dispose of the same as early 2 CA-299-10.sxw as possible. (J.H.BHATIA,J.)