: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.445 OF 2009 Tanaji S. Jagtap ... Appellant V/s. Nathu K. Yadav & Ors. ... Respondents Mr.P.K. Dhakephalkar i/b Ashok Bhatewara & Usha Thakur for Appellant Mr.S.V. Sadavarte for Respondent Nos.1 to 4 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 8, 2010 P.C.: 1. The appeal has been preferred against the order passed on 24.2.2009 by the trial Court. Both the parties agree that the application for interim relief was rejected primarily on the ground that the description of the property in the plaint did not tally with the description in the agreement of sale. It appears that after the impugned order was passed the plaintiff has been permitted to amend the plaint. 2. In these circumstances, the plaintiff may apply afresh for interim relief if so advised. In case such an application is filed the trial Court will dispose of the application finally without being influenced by the impugned order dated 24.2.2009. Obviously, since the application will be decided afresh, all contentions of the parties are left open. 3. Appeal from Order is disposed of accordingly. 4. In view of the above, nothing remains in civil application No.537 of 2009 and the same stands disposed of.