1 ao181-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.181 OF 2011 Silveri Kurpanandam .. Appellant V/s. Gangubai Bhumayya Gundetti .. Respondent ..... Mr. R. K. Mendadkar for the appellant. Mrs. Leena Savant for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 21, 2011. P.C.:- Heard the learned counsel appearing for the parties. The averments made in the plaint indicate that the appellant (defendant) is in possession of the suit premises and there is no prayer made in the suit for decree for possession. The learned counsel appearing for the respondent-plaintiff states that respondent will take out the Chamber Summons for amendment of plaint. The learned counsel submitted that by setting aside the impugned order, the respondent may be permitted to take out a fresh Notice of Motion for the same 2 ao181-11 relief after the plaint is amended. 2. The request made by the learned counsel appearing for the respondent deserves to be accepted. 3. Hence, I pass the following order : :: O R D E R :: i. The impugned Judgment and order dated 14th January, 2011 passed in Notice of Motion No.235 of 2009 is quashed and set aside. ii. Notice of Motion No.2351 of 2010 stands dismissed. iii. It will be open for the respondent to apply for suitable amendment to the plaint. iv. After amendment is carried out, it will be open 3 ao181-11 for the respondent to take out a fresh Notice of Motion containing the same reliefs which were prayed for in the Notice of Motion No.235 of 2010. The said Notice of Motion, if taken, out shall be decided on its own merits without being influenced by the dismissal of the earlier Notice of Motion. v. Appeal is disposed of with the above terms with no order as to costs. vi. Civil Application Nos. 276 and 279 of 2011 do not survive and the same are disposed of. vii. The explanation of the Registry is accepted and no further action is called for in that behalf. JUDGE