1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1147 OF 2009 WITH CIVIL APPLICATION NO. 1422 OF 2009 IN APPEAL FROM ORDER NO.1147 OF 2009 M/s Mahavir Realtors ... Appellant. Versus M/s Rajeshree Shelters Pvt. Ltd. ... Respondent. Mr. N.V. Walawalkar, Senior Counsel a/w Mr. Suresh M. Sabrad for the Appellant. Mr. G.S. Godbole i/b Mr. Nitin Muley for Respondent. CORAM : J.H. Bhatia, J. DATED : March 25, 2010. P.C. 1 After some discussion at the bar, with consent of the learned counsel for the parties the Appeal stands disposed off with following directions: a) The impugned order will not be disturbed but in respect of paragraph 3 of the order, it is clarified that both the parties shall maintain status quo in respect of the property bearing Survey No.2, Hissa No.8 and Survey No. 42, Hissa No.1/2. b) The trial court shall hear the parties and decide the issue of maintainability of the suit vide Order VII, Rule 11 of the Civil Procedure Code at the earliest. In case, the suit is found to be of tenable, the trial 2 court shall also endeavor to expedite the suit and dispose of the same as earlier as possible. The suit shall be decided on its own merits without being influenced by any observations made in the impugned order passed by the trial Courts on Exhibit 5. 2 As the Appeal from Order itself is disposed of, Civil Application No. 1442 of 2009 does not survive and stands disposed of accordingly. (J.H. Bhatia, J.)