1 241 ao.767.06 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 767 OF 2006 Tansukhlal L Kachhara and another. ... Appellants Versus Maimunabibi Abdul Gafur Patel and others. ... Respondents ----- Mr. Akhilesh Dubey a/w Mr.A.A.Khan and Mr. Rahul Sharma i/b M/s.M.Tripathi and Company for the Appellants. ----- CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. ORAL JUDGMENT: 1 Called out for final hearing. Heard the learned counsel appearing for the Appellants. None appears for the Respondents. 2 The Appellants are the original plaintiffs and the Respondents are the original defendants. Suit is filed by the Appellants inter-alia for declaration that the Agreement dated 19 th March, 2005 executed by and between the Appellants and Respondent Nos.1 to 5 is valid and subsisting. Another substantive prayer is for specific 2 241 ao.767.06 performance of the said agreement. By the impugned order passed by the trial Court, the application made by the Appellants for temporary injunction has been dismissed. The date of the impugned order is 18 th September, 2006. On 7 th November, 2006 while admitting the appeal, after hearing the Respondents, this Court granted interim relief in terms of prayer clause (b) of Civil Application No. 1044 of 2006. The said interim relief is operative till today. The learned counsel appearing for the Appellants states that now recording of evidence of the witnesses of the Appellants – plaintiffs has already been started. 3 In view of the fact that now the suit is at the stage of recording of evidence, interests of justice will be served if the appeal is disposed of by continuing the interim relief granted in the appeal till the disposal of the suit. 4 Hence, I pass the following order: i. The order of interim relief dated 7 th November, 2006 passed by this Court in terms of prayer clause (b) of Civil Application No. 1044 of 2006 will 3 241 ao.767.06 continue to operate till the disposal of the suit ; ii. All contentions of the parties on merits of the suit are kept open ; iii. The suit shall be decided without being influenced by the impugned order as well as the order passed by this Court granting interim relief ; iv. Appeal from order is disposed of on above terms with no order as to costs. [ A.S.OKA, J ]