-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.1557 of 2008 Rameshwar B.Vishwarkarma ..Petitioner vs. Kishor R.Padwal ..Respondent Shri O.P.Singh for petitioner. Shriu Satyanarayan for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 11th March, 2008 11th March, 2008 11th March, 2008 P.C. P.C. P.C. 1. There is an application filed by the petitioner/plaintiff for setting aside the order of dismissal of the Notice of Motion. That application is Notice of Motion No.3483 of 2007. Certainly that Notice of Motion cannot be heard with the suit because the relief therein is to restore the earlier Notice of Motion and interim order in the suit. If that relief is denied and the petitioner is to wait till the suit is being heard, it is quite likekly that the suit itself would be rendered infructuous. Accordingly, it is directed that the Notice of Motion No.3483 of 2007 shall be restored to file and heard before the suit is heard and disposed of. The parties to appear before the Trial Court on 24th March, 2008. Trial Court to dispose of this motion -2- within a period of four weeks thereafter. In the mean while interim order in the suit shall continue without prejudice to the rights and contentions of both sides. 2. Petition is disposed of accordingly. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)