1 AO-1277-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1277 OF 2009 WITH CIVIL APPLICATION NO.1599 OF 2009 Shri Vishnu Dagadu Pande & Ors. ... Appellants Vs. Shri Janardhan Dagadu Pande & Ors. ... Respondents Mr. Sachin Patil i/b. S.V.Sadavarte,Advocates, for the appellants Mr. Pratap Patil, Advocate, for the respondent No.1. CORAM: J.H.BHATIA,J. DATE : 1st October 2010. P.C. 1. Heard. 2. The respondent No.1/plaintiff had filed Special Civil Suit No.2220 of 2008 in the Court of Civil Judge, Senior Division, Pune, wherein he moved an application Exhibit 5 for interim relief. The defendants/appellants filed an application under Sec.9A, C.P.C. challenging the jurisdiction of the Court. The trial Court pending the hearing on the preliminary issue on the point of jurisdiction, granted ad-interim relief in favour of the plaintiff. That order was challenged in A.O.No.1277 of 2009 in which rule has been granted. C.A. was 2 AO-1277-09.sxw filed by the defendants/appellants seeking stay to the ad-interim relief granted by the trial Court. Rule was issued with ad-interim stay and thus the ad-interim relief granted by the trial Court has been stayed by this Court and it is in operation for last about 9 months. 3. In the above circumstances, with consent of the learned Counsel, the Appeal and the Application are disposed of with the following directions :- Ad-interim stay granted by this Court to the ad-interim relief by the trial Court shall continue till decision on the preliminary issue of jurisdiction. The trial Court shall expedite the hearing and decide the question of preliminary issue about jurisdiction within two months from this day. In case the trial court finds that it has jurisdiction, it shall promptly hear the application Exhibit 5 for interim relief and pass appropriate order on its own merits. Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.) 3 AO-1277-09.sxw