1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3472 OF 2008 Smt.Fatimabi Md.Amin Surme (since died through L.Rs. & Ors. ..Petitioners. V/s. Abdul Aziz Shaikh Ahmed Dhongade & Ors. ..Respondents. Mr.P.R.Arjunwadkar i/b. Mr.Niyaz Ahmed for petitioners. Mr.K.S.Dawal for Respondent Nos. 1 to 3, 4a to 4d, & 6 to 16. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 21, 2008. DATE : JULY 21, 2008. DATE : JULY 21, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Preliminary objection regarding maintainability of this Writ Petition is raised by the Counsel for the Respondents. 3. The order impugned in this Writ Petition is passed below Exh. 72 dated 30-4-2008. That order has been passed on the application seeking order of status quo during pendency of Exh.5. Indeed, the said application was filed under provisions of Section 151 of the C.P.C. However, an order passed 2 on the application to grant ad-interim relief during pendency of application for interim relief filed under Order 39 of C.P.C., is also ascribable to order under provision of Order 39 of C.P.C. The fact that the Petitioners have given nomenclature to that application as having been filed under section 151 of CPC does not take the matter any further. If there is an express provision in CPC, it is well-established position that the Court cannot exercise powers under section 151 of CPC. Even for that reason, the order declining to grant relief of status quo during the pendency of application for interim relief (Ex.5), being an appellable order within the meaning of Order 43 of the CPC, question of entertaining this Writ Petition does not arise. The same is dismissed as not maintainable. 4. However, it will be open to the Petitioners to request the trial Court to expedite hearing of the Application Exh. 5, which request be considered on its own merits. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)