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Head Note

The Code of Civil Procedure, 1908  - Section 9

Section 9A (Maharashtra Amendment) - Review - Non-grant of adinterim relief under Section 9A(2) of CPC (Maharashtra Amendment) - Findings by Division Bench of the High Court that Notice of Motion is still pending and it will not be appropriate to express any opinion either way - Commencement certificate for plinth was granted in December 2007 and neither in the 2007's suit nor in this suit there is any order made in relation to construction - Learned Single Judge was perfectly justified in declining to make any ad-interim order in favour of the plaintiffs - Held that in the facts and circumstances of the case, do not find any reason to pass an ad-interim order as prayed for by the petitioners/applicants, which has already been declined by the High Court - However liberty given to the petitioners to move their Notice of Motion No.3616 of 2010, which is pending consideration by the High Court - If the aforesaid Notice of Motion is pressed by the petitioners, the same shall be heard while deciding the preliminary issue as contemplated under Section 9A of the Civil Procedure Code (Maharashtra Amendment).

Topic(s)-Review - Non grant of Ad-interim Relief - No relief granted