1 ao665-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 665 OF 2009 Shree Chaitanya Enterprise Pvt.Ltd. ...Appellant (Original Plaintiff) vs, Shri Ravindra Vinayak Bhatawadekar & Ors. ...Respondents (Original Defendants) Shri P.S. Dani for the Appellant. Ms.Gauri Godse for Respondent Nos.1 to 3. with APPEAL FROM ORDER NO. 666 OF 2009 Shree Chaitanya Enterprise Pvt.Ltd. ...Appellant (Original Plaintiff) vs, Shri Vishnu Vinayak Bhatawadekar & Ors. ...Respondents (Original Defendants) Mr.P.S. Dani for the Appellant. Mr.S.M. Gorwadkar for Respondent Nos.1 to 5. CORAM : J.H. BHATIA, J. DATED : OCTOBER 11, 2010 P.C. :- 1 Heard the learned Counsel for the parties. 2 ao665-2009 2 The plaintiff-appellant claims to have entered into an Agreement with the defendants- respondents for purchase of certain land on 5th May, 2004 and in October, 2007, he filed the suit for Specific Performance of the Contract wherein he sought temporary injunction restraining the defendants from creating third party interests pending the suit. In reply to the application which he filed, the defendants had taken a plea that alleged Agreement dated 5th May, 2004 was substituted by another Agreement dated 21st April, 2007 and after that there was again re-negotiation. In view of this contention, the trial court refused the temporary injunction to the plaintiff. This Court on 15th July, 2009 directed the parties to maintain status quo. 3 After some discussion at the Bar, the learned Counsel for the defendants-respondents in AO No.666/2009, after taking instructions from the defendants makes a statement that pending the suit, 3 ao665-2009 the defendants shall not create any third party interests in the property. The defendant-respondent in Appeal No.665/2009 is brother of the defendant- respondent in AO No.666/2009. The learned Counsel for the said respondent in AO No.665/2009 states that she could not contact the defendant-respondent but she has no objection if the order of status quo is continued pending the suit in view of the statement made by brother of said defendant in AO No.666/2009. 4 The learned Counsel for the parties informed that the written statements are already filed and the suits are ripe for final hearing. 5 In view of the above circumstances and the statements made by the parties, the appeals stand disposed of with a direction to the trial court to expedite the hearing and dispose of the Special Civil Suit Nos.1901/2007 and 1902/2007, as early as possible and preferably, by the end of April, 2011. 4 ao665-2009 In view of the disposal of the appeals, Civil Applications therein do not survive and stand disposed of, accordingly. (J.H. BHATIA, J.)