Kambli 1 APP138.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.138 OF 2007 IN NOTICE OF MOTION NO.1166 OF 2002 IN SUIT NO.1369 OF 2002 ... Atul Ambalal Barot & anr. ...Appellants v/s. Jatin Kumar Singh and ors. ...Respondents ... Mr.M.M.Vashi with Mr.Ashish Mehta i/b Kirit N.Damania & Co. for the Appellants. Mr.Vicky Singh i/b Desai & Co. for the Respondents. ... CORAM: D.K.Deshmukh & N.D.Deshpande,JJ DATED: 12th January,2011 P.C.: By consent of parties Appeal is disposed of in following terms: 1. The order impugned in the Appeal is set aside. 2. Notice of Motion No.1166 of 2002 is remitted back to Kambli 2 APP138.07 the learned single Judge for denovo consideration and decision in accordance with law 3. Hearing of Suit No.1369 of 2002 is expedited. The learned single Judge is requested to dispose of the Suit as expeditiously as possible, in any case within a period of one year from today. 4. The learned Counsel for the Respondent No.1- Defendant 1(a) states that the Defendant No.1(a) will maintain status quo in relation to the suit premises of the area agreed upon under the agreement between the parties on the second and third floors of the building under construction and shall not induct any third party or create any interest in the suit premises without prior permission of the court. Statement is accepted. 5. The learned single Judge need not take up the motion for consideration immediately. He is requested to make endeavour to dispose of the suit within one year. If for any reason the suit is not disposed of within a period one year, then the parties shall be at liberty to request Kambli 3 APP138.07 the learned single Judge to take up the Notice of Motion for hearing and disposal. 6. Appeal disposed of. (D.K.DESHMUKH, J.) (N.D.DESHPANDE, J.)