1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.711 OF 2009 WITH CIVIL APPLICATION NO.886 OF 2009 Shri Kamalkishore R. Joshi & Anr. ...Appellants. v. Shri Kawar A. Deol @ Kanwar Ajit Singh Kawal Kishan Deol and Ors. ...Respondents. Mr.Anil C. Singh i/by D.R.Shah,advs. For the Appellants. Mr. Yadvendra K. Tiwari i/by M/s. K.P.Tiwari & Co. advs. For the Respondent No.1. Shri S.M.Sakhardande a/w Ms.Nutan Moily i/by Shri S.A.Waradkar, advs. for the Respondent Nos.2 and 3. CORAM : J.H. BHATIA, J. DATED : MARCH 31, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the appellants seeks to withdraw the appeal with liberty to make appropriate amendment in the plaint and to implead P.D.Rawal as one of the parties in the suit and seek specific performance of the contract on the basis of agreement dated 6.12.1975 and to file fresh application for the interim reliefs. 2 Application for amendment may be made within four weeks from this date and after the amendment in the plaint, defendants will 2 have right to take the plea of the limitation of the suit. After making amendment, plaintiff shall be at liberty to move the fresh application for interim reliefs, if any. Such application, if filed, be disposed off within three months. The trial Court shall not be influenced by any observations made in the earlier order. The learned counsel for the respondent nos.2 and 3 makes a statement that for three months from today, defendants/respondent nos.2 and 3 shall not create third party interest and nor they shall make any construction over the suit property. However, they shall complete the process as far as obtaining sanction for construction. Statement is accepted. 2 As the appeal itself is disposed off, civil application also stands disposed off accordingly. 3 Appeal stands disposed off as withdrawn with the aforesaid liberty. (J.H. BHATIA,J.)