1 ao320 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.320 OF 2003 Raju Mehta & Ors. ...Appellants vs. Somnati Construction Pvt.Ltd. ...Respondent Mr.P.S.Bhosle i/b M/s.Jhangiani Narula for the appellants Mr.M.V.Pande for the respondent nos.1 to 5 Ms K.K.Soraan for respondent-B.M.C. Mr.N.K.Singh i/b M/s.M.P.Vashi & Associates for the applicant (intervenor) in C.A.A.no.586/2006 CORAM : A.S.OKA,J. DATE : FEBRUARY 21,2011 P.C.: 1 When the appeal is called out for final hearing, the learned counsel for the appellants and the learned counsel for the 1st to 5th respondents stated that as final hearing of the suit has already commenced and as the plaintiffs have closed their evidence, instead of deciding the appeal on merits, by continuing the interim relief granted in the appeal from order, hearing of the suit may be expedited. 2 As evidence in the suit has been substantially recorded, the said request deserves to be accepted. 3 Accordingly, Appeal from order is disposed of by passing the following order : i) Appeal is disposed of by directing that the ad- interim/interim relief granted in Civil application no.454 of 2003 will continue to operate till the disposal of the suit. 2 ao320 ii)It is made clear that all contentions of the parties on merits of the suit are expressly kept open. iii)The suit will be decided on its own merits without being influenced by the tentative and prima facie observations recorded by the trial Court in the impugned order. iv)Hearing of the suit is expedited. v) Civil application no.585 of 2006 filed by the third party is disposed of by keeping the remedy of the third party open. JUDGE