WP. 2450-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 2450 OF 2011 Mandlik Jayantilal Jhaveri ...Petitioner Vs. Parag Rajnikant Parik & Ors. ...Respondents *** Mr. P. S. Dani i/b M/s. Bilawala & Co., for the Petitioner. Mr. D. D. Madan, Sr. Counsel i/b Sandip A. Shah, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : APRIL 5, 2011 P.C. . Heard the learned counsel appearing on behalf of the petitioner and the counsel appearing on behalf of the respondent No.2. The petitioner is aggrieved by an order passed by the lower Appellate Court dated 21-2-2011. By the said order, the lower Appellate Court was pleased to reject the application filed by the petitioner for grant of interim relief. By consent of parties, the writ petition is disposed of by directing the Lower Appellate Court to decide Appeal No. 263 of 2009, filed in RAD Suit No. 903 of 2003, as expeditiously as possible, and in WP. 2450-11 - 2 - any case within a period of six months. All contentions raised by the parties are kept open. The Lower Appellate Court shall not be influenced by any of the observations made by it while passing the order on the application for interim relief. Writ Petition is disposed of in the aforesaid terms. 2. After the petition was disposed of, on a suggestion being made by this Court for referring the matter for mediation, the learned counsel appearing on behalf of the petitioner and the respondent No.2, after taking instruction from the respective parties, who are present in the Court, have stated that they have no objection if the matter is referred to Mr. Justice S. K. Shah (Rtd.) for mediation. 3. It is clarified that Lower Appellate Court shall decide the Appeal, irrespective of pendency of the mediation proceeding before the mediator. Writ petition is accordingly disposed of. [ V. M. KANADE J.]