1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 297 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. G.M. Savagare for the petitioner. Ms. S.S. Koregave for respondent nos.1 to 3. Mr. R.M. Patne, A.G.P. for respondent no.4. CORAM : D.G. KARNIK, J. DATE : 22ND JUNE 2010 P.C. : 1. This writ petition is directed against an interlocutory order. The petitioner filed a dispute and therein made an application under Order 39 Rule 1 of the Code of Civil Procedure for an injunction against an auction sale. On that application, the Court directed issuance of a notice without granting any ad-interim relief. The order directing issuance of notice passed on 26th November 2009 is impugned in this 2 petition. 2. The order is purely interlocutory. It does not decide any right of the parties. In the circumstances, exercise of writ jurisdiction is not called for. 3. Counsel for the petitioner states that the notice has since been issued and the defendants have appeared and filed their reply and the matter is posted on 5th July 2010 for hearing. In the circumstances, the following order would serve the ends of justice. 4. The Trial Court shall hear the application made by the petitioner under Order 39 Rule 1 of the Code of Civil Procedure on 5th July 2010 and if for any reason it is not possible to hear the application on the same day, it would be adjourned to the immediately next day and heard day to day till the application is decided. Till the decision on the petitioner’s application, 3 the status quo shall be maintained. 5. With the above direction, the writ petition is disposed of. (D.G. KARNIK, J.)