IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3142 OF 2009 IN SUIT NO. 1234 OF 2008 Vijaya Manohar Sheth & Anr. ...Plaintiffs Vs. Pramod Pitamber Sheth & Ors. ...Defendants ----- Mr.J.S. Kini i/b. Suresh Dubey for Plaintiffs Mr. P.B. Shah for Defendant Nos.1 to 3 ----- CORAM: V.M. KANADE J. DATED: 25TH SEPTEMBER, 2009 P.C. 1. I am informed by the Learned Counsel appearing on behalf of the Defendants that an appeal has been filed by both the parties against the ad-interim order passed by the learned Single Judge in the Notice of Motion taken out by the Plaintiffs and in the said Appeal, order of status quo has been passed by the Appellate Court. The learned Counsel submits that since the appeal is still pending, the present Notice of Motion is not maintainable. He submits that if any orders are passed by this Court in this Notice of Motion, it would result in modification of the interim order passed by the Appellate Court. 2. In my view, there is much substance in the submission made by the learned Counsel appearing on behalf of the Defendants. It is an admitted position that the appeal filed by both the Plaintiffs and the Defendants against the interim order passed by ths Court is pending in appeal and interim order has been passed in the said appeal. In this view of the matter, no orders can be passed at this stage. Needless to say that the Plaintiffs are entitled to apply for an appropriate reliefs before the Appellate Court. Hearing of the Suit is expedited. 3. Notice of Motion is disposed of. (V.M. KANADE J.)