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9. Whereas this objection raised by the learned Counsel for the applicant goes to the root of the matter, this Court proposes to decide this preliminary objection before dealing with the Civil Application on merits. It may also be mentioned that looking to the span of the argument and the length at which the arguments were advanced on behalf of both the sides while arguing this Civil Application, I called upon the learned Counsel for both the sides more than once that subject to the consent of both the sides the entire petition may be taken up for final decision. While Mr. Thakkar for the Corporation was ready to go ahead for final hearing, Mr. S.B. Vakil for the applicant submitted that he has yet to file para-wise reply of the main petition and at present he simply seeks the order on his Civil Application, which has come up before the Court and was not prepared to go ahead with the final hearing. In this view of the matter, it is not possible to go ahead with the final hearing of the case and while considering the Civil Application only, I first take up the question with regard to the maintainability of the present Special Civil Application.