: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.810 OF 2007 NO.810 OF 2007 NO.810 OF 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.3841 OF 2007 OF MOTION NO.3841 OF 2007 OF MOTION NO.3841 OF 2007 IN IN IN SUIT SUIT SUIT NO.2869 OF 2007 NO.2869 OF 2007 NO.2869 OF 2007 Besant Arati Co-operative Housing . Society ...Appellants V/s. Harmony Construction Company ...Respondents Mr.Hiralal Thakkar, Sr. Counsel, a/w. Mr.Uday Bobde, Advocate, i/b. Desai Desai & Co., for the Appellants. Mr.Arif Bookwala, Sr. Counsel, a/w. Mr.Deepak Chitnis, Advocate, i/b. Chiparikar & Co., for the Respondents. CORAM CORAM CORAM : SRI R.M.S. KHANDEPARKAR & : SRI R.M.S. KHANDEPARKAR & : SRI R.M.S. KHANDEPARKAR & SRI SRI SRI A.V. NIRGUDE, JJ. A.V. NIRGUDE, JJ. A.V. NIRGUDE, JJ. DATE DATE DATE : 21ST APRIL, 2008. : 21ST APRIL, 2008. : 21ST APRIL, 2008. P.C. P.C. P.C. : : : 1. Since the interim order was passed on 11th October, 2007 and we are already in the second fortnight of April, 2008, in our considered opinion, it will be appropriate to request the learned Single Judge to dispose of the Notice of Motion No.3841 of 2007 as expeditiously as possible instead of entertaining the present Appeal against the ad-interim order. 2. Liberty to the parties to mention the matter before the learned Single Judge accordingly. The : 2 : learned Single Judge shall not get influenced in any manner by any of the observations made in the ad-interim order while disposing of the Notice of Motion. 3. With these observations and request as above, the Appeal is disposed of. [A.V. [A.V. [A.V. NIRGUDE, J.] [R.M.S. KHANDEPARKAR,J.] NIRGUDE, J.] [R.M.S. KHANDEPARKAR,J.] NIRGUDE, J.] [R.M.S. KHANDEPARKAR,J.]