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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.574 OF 2007 NO.574 OF 2007 NO.574 OF 2007 IN IN IN SUIT SUIT SUIT NO.1228 NO.1228 NO.1228 OF 1985 OF 1985 OF 1985 Rasilaben Rasilaben Rasilaben Kantilal Kansara Kantilal Kansara Kantilal Kansara ...... Plaintiff Plaintiff Plaintiff vs vs vs Sumitra Sumitra Sumitra Amrutlal Amrutlal Amrutlal Kocha & ors Kocha & ors Kocha & ors.. Defendants Defendants Defendants Mr.M.S.Doctor Mr.M.S.Doctor Mr.M.S.Doctor i/b i/b i/b Munim & Co for Plaintiff Munim & Co for Plaintiff Munim & Co for Plaintiff Mr.S.H.Doctor Mr.S.H.Doctor Mr.S.H.Doctor with Mr.N.R.Engineer with Mr.N.R.Engineer with Mr.N.R.Engineer i.b i.b i.b Vijay Vijay Vijay Kumar for Defendant No.2 Kumar for Defendant No.2 Kumar for Defendant No.2 Mr.Janhi Mr.Janhi Mr.Janhi Durat Durat Durat i/b M/s K.Ashar & Co for i/b M/s K.Ashar & Co for i/b M/s K.Ashar & Co for Defendant Defendant Defendant No. No. No. 1(a) - 1(e). 1(a) - 1(e). 1(a) - 1(e). CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : : : 17th April, 2007 17th April, 2007 17th April, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the parties. Heard learned counsel for the parties. Heard learned counsel for the parties. 2.2.2. I am in agreement with the submissions made on I am in agreement with the submissions made on I am in agreement with the submissions made on behalf behalf behalf of the plaintiff that it is not open for of the plaintiff that it is not open for of the plaintiff that it is not open for this this this Court to modify and/or extend the time given Court to modify and/or extend the time given Court to modify and/or extend the time given by by by the appellate Court to the applicants for the appellate Court to the applicants for the appellate Court to the applicants for exercising exercising exercising the option in terms of the order dated the option in terms of the order dated the option in terms of the order dated 5th 5th 5th September, 2006 passed in Appeal No.56 of 2006 September, 2006 passed in Appeal No.56 of 2006 September, 2006 passed in Appeal No.56 of 2006 That That That option will have to be exercised only by the option will have to be exercised only by the option will have to be exercised only by the appellate appellate appellate court. Grievance of the applicants court. Grievance of the applicants court. Grievance of the applicants cannot cannot cannot be be be looked into as the order of the appellate looked into as the order of the appellate looked into as the order of the appellate court court court is self operative. It will be open to is self operative. It will be open to is self operative. It will be open to the applicants applicants applicants to approach the appellate court if so to approach the appellate court if so to approach the appellate court if so advised. advised. advised. Learned counsel for the applicant submits Learned counsel for the applicant submits Learned counsel for the applicant submits that that that at least limited protection be given to the at least limited protection be given to the at least limited protection be given to the 2 applicants applicants applicants till the applicants approach the till the applicants approach the till the applicants approach the appellate appellate appellate court for appropriate orders. It is not court for appropriate orders. It is not court for appropriate orders. It is not possible possible possible to to to entertain this request. Accepting this entertain this request. Accepting this entertain this request. Accepting this request request request would would would be contrary to what has been observed be contrary to what has been observed be contrary to what has been observed inin in earlier part of the order and the Single Judge earlier part of the order and the Single Judge earlier part of the order and the Single Judge cannot cannot cannot sit over the time frame provided by the sit over the time frame provided by the sit over the time frame provided by the appellate appellate appellate court in the proceedings between the court in the proceedings between the court in the proceedings between the parties. parties. parties. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)