1 ao183group ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.183 OF 2010, APPEAL FROM ORDER NO.184 OF 2010, APPEAL FROM ORDER NO.185 OF 2010, APPEAL FROM ORDER NO.186 OF 2010, APPEAL FROM ORDER NO.187 OF 2010, APPEAL FROM ORDER NO.188 OF 2010, APPEAL FROM ORDER NO.189 OF 2010, APPEAL FROM ORDER NO.190 OF 2010, APPEAL FROM ORDER NO.191 OF 2010, APPEAL FROM ORDER NO.192 OF 2010, APPEAL FROM ORDER NO.193 OF 2010, APPEAL FROM ORDER NO.194 OF 2010, APPEAL FROM ORDER NO.195 OF 2010, APPEAL FROM ORDER NO.196 OF 2010, APPEAL FROM ORDER NO.197 OF 2010, APPEAL FROM ORDER NO.198 OF 2010, APPEAL FROM ORDER NO.199 OF 2010, APPEAL FROM ORDER NO.200 OF 2010, APPEAL FROM ORDER NO.201 OF 2010 Baban Maruti Khese & Ors. ...Appellants (in all appeals) vs. Gayatri Co-op Housing Society Ltd. & anr. ...Respondents (in all appeals) Mr.S.S.Kulkarni and Mr.Madhav Jamdar for the appellants Mr.S.G.Karandikar for the respondent Nos.1 and 2 CORAM : A.S.OKA,J. DATE : MARCH 29,2011 P.C.: 1 Heard learned counsel for the appellants. On instructions he states that the appellants desire to apply for amendment of the plaint for explaining the delay and after carrying out amendment to the plaint, the appellants desire to apply afresh for grant of temporary injunction. The learned counsel for the appellants seeks permission to withdraw the applications for temporary 2 ao183group injunction on which impugned order has been passed. The learned counsel for the first and second respondents opposes the said prayer. 2 It is obvious that the appellants do not desire to press the applications on which impugned orders have been passed and that they want to apply for amendment of the plaint. However, the applications for amendment, if made, are bound to be decided in accordance with law. The request made by the appellants deserves to be granted. 3 Accordingly, appeals are disposed of by passing the following order : i) Impugned orders are set aside only on the ground that the appellants do not desire to press the applications for temporary injunction. The applications at Exh.5 are dismissed as withdrawn with liberty to file fresh applications for interim relief as and when amendment to the plaint is permitted. It will be open for the appellants to apply for amendment of the plaint. If such applications are made, the trial Court will decide the same expeditiously in accordance with law. ii)All contentions of the parties on merits of said applications are expressly kept open. It is made clear that the objections of the original defendants to such applications are kept open. iii)It is made clear that this Court has not stayed the proceedings of the suit and the trial Court is free to proceed with the hearing of the suits. iv)Civil application no.252/2010, 253/2010, 254/2010, 255/2010, 256/2010, 257/2010, 258/2010, 259/2010, 260/2010, 261/2010, 262/2010, 263/2010, 264/2010, 265/2010, 266/2010, 267/2010, 268/2010, 269/2010, 3 ao183group 270/2010, 288/2010 do not survive and the same are disposed of. JUDGE