1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4511 of 2008 M/s.S.K. Developers, Mumbai .. Petitioner versus Gajanan S. Kadu & ors. .. Respondents ... Mr.R.S. Datar for the petitioner. Mr.Jitendra Sachdev for respondent nos.1 to 4, 6, 8, 9, 11 to 13, 15, 16, 17, 19, 20. Mr.Vinod Shinde for respondent no.23. CORAM : A.M.KHANWILKAR, J DATED : 5th September 2008 P.C.: 1. Heard counsel for the parties. 2. Perused the certified copy of the roznama produced by the counsel for the petitioner. Without expressing any opinion about the controversy raised before this court, regarding reason for non disposal of interim application, in particular Exhibit-5 which 2 is filed as back as on 15th March 2008; this petition is disposed off with the direction that the trial court shall take necessary steps to ensure that the said interim application as well any other interim applications pending between the parties in the main proceedings are disposed of expeditiously and preferably by end of October 2008. 3. All questions to be considered in those proceedings will have to be decided on its own merits in accordance with law. 4. The arrangement directed by this court in its order dated 2nd July 2008 shall enure till the disposal of the pending interim application (Exhibit.5). In that, the disputed construction to continue inspite of the pendency of proceedings but will be subject to the outcome of the said interim application. (A.M.KHANWILKAR,J)