1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.155 OF 2009 IN WRIT PETITION NO.7073 OF 2006 Antonio B. D’Souza .. Petitioner Versus Arun K. Joshi .. Respondent Mr.Lagu for petitioner Mr.V.Z.Kankaria for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : December 5, 2009. P.C.: 1] Heard Mr.Lagoo for review petitioner. With his assistance, I have perused the review petition and the order of which review is sought. 2] During the course of arguments, Mr.Lagoo highlighted the subsequent developments. He submits that the order passed by this Court recording consent of the defendant/ petitioner for expeditious hearing of the suit and for deciding the issue of pecuniary jurisdiction of the Court 2 as a preliminary issue, is an obstacle and impediment in the way of petitioner/ defendant, as the trial court is not proceeding with the suit, although, expedited, hearing is postponed and interim injunction also is running against the petitioner/ defendant. 3] I do not see how all this can be a reason for exercising review jurisdiction. If on the own showing of Mr.Lagoo these are subsequent developments and the respondent/ plaintiff is not cooperating in expeditious disposal of the suit or that the issue of jurisdiction which has to be decided as preliminary issue is not being decided for some reasons, it would always be open for the petitioner to apply to the trial court for appropriate reliefs. It is not as if merely recording consent of the petitioner by this Court is an obstacle from making such application or prevents the petitioner from invoking appropriate discretionary jurisdiction of the Trial Court. It can request the trial court that the adjudication and trial atleast on the preliminary issue must proceed and the trial court need not wait for the final adjudication by the stamp authorities. All these reliefs can be claimed by appropriate proceedings and I do not think the order under review poses any difficulty in doing so. It would always be open for the petitioner to adopt such proceedings 3 and for the trial court to apply its mind as and when the aforesaid proceedings are adopted and pass such orders in accordance with law. Review petition is dismissed. (S.C.DHARMADHIKARI, J)