- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 536 OF 2009 WITH NOTICE OF MOTION No. 1567 OF 2009 IN SUIT No. 1022 OF 2009 Pannalal Shethia .. Appellant Vs. Paras Constructions & Ors. ..Respondents Mr. Ravi Kadam i/b Shekhar Jagtap, for the Appellant. Mr. Gaurav Joshi with Z. Jariwala & Ms. Jyoti Ghag i/b M/s. Thakore Jariwala & Associates, for Respondent No.1. CORAM : D. K DESHMUKH AND Smt. R. P. SONDURBALDOTA , JJ DATED : JUNE 15, 2010. P.C. : 1. Admit. 2. Heard finally by consent. By consent of parties, appeal is disposed of in following terms- (i) Impugned order in the appeal is set aside. (ii) Notice of Motion No.1567 of 2009 in Suit No. 1022 of 2009 and Notice of Motion No. 947 of 2009 in Suit No. 589 of 2009 are remitted back to the learned Single Judge for de novo - 2 - consideration and for consideration in accordance with law. (iii) The learned Single Judge shall, in accordance with provisions of Section 9A of the Code of Civil Procedure frame the preliminary issue on the question of maintainability of the suit filed by respondent No.1, and also on such other questions, as may be necessary in terms of provisions of section 9A of the Code of Civil Procedure and thereafter depending on the decision on the preliminary issue, make further order in the said Motions. It may be noted here that one of the complaints against the order impugned in this appeal of the appellant, was that the learned Single Judge has not recorded a clear finding about existence of a strong prima-facie case in both the suits. (iv) The learned Single Judge, who would be taking up the Motions for final hearing, is requested to hear and dispose of the Motions, as expeditiously as possible. (v) During pendency of the Motions, though the appellant are entitled to continue construction, in accordance with the sanction-plan, no further third party rights shall be created by the appellant. The appellant shall be free to hand over the parking area, which is supposed to be handed over to the Corporation. Sd/- Sd/- [Smt. R. P. SONDURBALDOTA , J.] [D. K DESHMUKH , J.]