1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1050 OF 2009 M/s. Jai Kulswamini Construction ..Appellants V/s Ananta Kolya Todekar & Ors. Respondents ­­­­ Mr.A.B.Shinde for the appellants. Mr.A.A.Kumbhakoni with Mr.Bhushan Walimbe for the respondent nos.1 to 3. Mr.Shrihari Aney with Ms.Shoma Maitra and Mr.Bajpai for the respondent no.7. ­­­­ Coram : R.S.MOHITE,J Date : 12th October, 2009. PC 1 Heard both sides. In my view, the appeal can be disposed off finally at the stage of admission. Hence, admit. By consent, matter is taken up for hearing forthwith. 2 It is seen that in the suit filed by the plaintiff the defendant has raised a plea of limitation. The plaintiff had also filed an application at Exhibit­5 for certain reliefs. It appears that initially when Exhibit­5 came up for hearing for ad­interim relief, the defendant nos.1 to 3 & 7 appeared and sought time for filing their reply/written statement. The Court however, granted status­quo till filing of reply by the defendant no.7. In my view, the status­quo was granted on 21.7.2009 without consideration of the contentions raised at the ad­interim stage. Subsequently, however Exhibit­5 has been disposed off by 2 the impugned order. In my view, since the plea of limitation was raised, it was necessary to frame an issue under Section 9­A and follow the procedure as laid down by the Court in the case of Foreshore Co­operative Hsg.Soc.Ltd., Vs. Shri Praveen D. Desai & Ors. Reported in 2008(6) ALL MR 600. In the circumstances, since Exhibit­5 was disposed off without framing a preliminary issue, the appeal is allowed and the impugned judgment and order is set aside and the trial Court is directed to frame an issue under Section 9­A on the plea of limitation as raised by the defendants. In the meanwhile, in my view, though Exhibit­5 cannot be disposed off, the question of grant of ad­interim relief can be re­ considered by the Court. Both the parties agree to appear before the trial Court on 3.11.2009. On that day, the Court will frame the preliminary issue and fix the date for a hearing on the grant of ad­interim relief. Till the issue of grant of ad­interim relief is decided, both parties will maintain status­quo as of today. The trial Court is directed to decide the preliminary issue on an expeditious basis and in any case within a period of six months from today. The impugned order therefore, stands set aside and the appeal stands disposed off in the aforesaid terms. Both parties waive notice of the next date. The trial Court is also directed to decide the question of grant of ad­interim relief on an expeditious basis and it is made clear that question of grant of ad­interim relief will be distinct and separate from the deciding of the preliminary issue. All contentions of parties are kept open. (R.S.MOHITE,J) 3