1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO.16409 OF 2011 WITH CIVIL APPLICATION STAMP NO.16410 OF 2011 K.J.Somaiya Trust & 13 Ors. ...Appellants. v. Shantisadan Co-op. Hsg. Society & 6 Ors. ...Respondents. Mr. Raj Patel, Pooja Patil and Mr. Avdhoot Prabhu i/by M/s. Harian & Co. ,advs. For the Appellants. Mr. Milind Sathe a/w Mr. Sanjay V. Kadam i/by M/s. Kadam and Co. advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JUNE 28, 2011. P.C. 1 Office objections waived. Appeal and the application be registered. 2 Heard. 3 The learned Judge City Civil Court rejected the prayer for ad-interim relief only on the ground that preliminary issue regarding jurisdiction of the Court is to be framed and decided. In fact, as per the provisions of Section 9-A(2), the Court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction. In view of this, the trial Court was not right in refusing to consider request of ad-interim relief, 2 therefore, appeal is allowed. The impugned order is set aside. The matter is remanded back to the trial Court to consider the request of the ad- interim relief pending the preliminary issue of jurisdiction, on its own merits. In case, notice of motion itself is ready for hearing, the trial Court may proceed to hear and dispose off the notice of motion itself. It is made clear that this Court has not expressed any opinion on the merits of the case. 4 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)