1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7264 OF 2009 Indubai Baban Jagdale & Anr. .. Petitioners versus Jagannath Baban Jagdale .. Respondent Mr.S.S.Patwardhan for the petitioners. Mr.S.P.Kadam for the respondent. CORAM : A.S.OKA, J. DATE : 3rd March 2010. P.C.: . Heard learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. As arguable questions are raised, this petition requires final hearing. However, the learned counsel appearing for the respondent-original plaintiff pointed out that the respondent has made an application at Exhibit 55 for amendment of the plaint. He has placed on record a true copy of the said application. He states that amendment is sought for asserting right of the respondent under section 22 of the Hindu Succession Act, 1956. He submitted that the relevant prayer was not incorporated in the plaint due to inadvertence. He submitted that instead of keeping the petition pending, by setting aside the impugned orders, the trial Court be directed to dispose of the application for amendment. He stated that if amendment is allowed, the respondent may be permitted to make a fresh application for grant of temporary injunction. He states that to show 2 bonafides the respondent is ready and willing to deposit with the trial Court a sum of Rs.2,00,000/- within a period of two weeks from today. The submission made by the learned counsel appearing for the respondent is reasonable and deserves to be granted. Till the application for amendment is heard, limited protection will have to be granted to the respondent. 2. Hence, the petition is disposed of by passing following order: : O R D E R : (a) The impugned judgment and order dated 29th July 2009 as well as judgment and order dated 17th April 2009 passed by the trial Court are quashed and set aside. Application at Exhibit 5 stands disposed of as not pressed. (b) The trial Court is directed to decide the applications at Exhibit 22 and 55 as expeditiously as possible and within a period of eight weeks from today. (c) All contentions of the parties on the said application are kept open. (d) Statement made by the learned counsel appearing for the respondent on instructions that a sum of Rs.2,00,000/- will be deposited with the trial Court within a period of two weeks from today is accepted. The said amount shall be invested by the trial Court in fixed deposit in any nationalised bank and fixed deposit shall be renewed from time to time till the disposal of the suit. (e) If the application for amendment is allowed, it will be open for 3 the respondent to file a fresh application for temporary injunction. If such application is made, it will be considered on its own merits. (f) For a period of twelve weeks from today, the petitioners are restrained from creating any third party interest in respect of the suit property. (g) The petition is partly allowed in above terms with no orders as to costs. (A.S.OKA,J)