JUDGMENT :- Heard finally by consent.

The Petitioner has challenged the impugned order whereby, after considering the rival contentions of the parties, the Appellate Small Causes Court partly modified the order passed by the court below pending the framing of preliminary issue regarding jurisdiction of the Court to try the Suit. The Operative part of order dated 26/08/2008 is as under:-

"ORDER

Appeal No.401 of 2008 is hereby partly allowed and interim order in notice of motion at Exhibit 8 in R.A.D.Suit No.913 of 2008, hereby set aside to the extent that Defendant shall continue to supply petrol and petroleum products in the suit premises to the Plaintiff until framing of preliminary issue regarding jurisdiction and giving judgment thereon.

Appeal No.401 of 2008 on rest of the counts partly stands dismissed.

2. The basic order passed by the Trial Court dated 13/05/2008 is as under:-

ORDER

1. The defendant is directed to maintain status quo as of today i.. the plaintiff shall remain in possession of the suit premises and defendant shall continue to supply petrol and petroleum products to the petrol pump in the suit premises until framing of preliminary issue regarding jurisdiction t

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