1 7 ao 599.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk APPEAL FROM ORDER NO. 599 OF 2010 WITH CIVIL APPLICATION NO. 775 OF 2010 IN APPEAL FROM ORDER NO. 599 OF 2010 Ashok Gangasahai Singal & Ors. ... Appellants Vs. Ramdhar Nankulal Yadav & Ors. ... Respondents. Mr. A.V. Anturkar i/b Mr. Sugandh B Deshmukh for the Appellants. CORAM: R.C. CHAVAN, J. DATE :- 14th JUNE, 2010. P.C. : 1 Heard. 2 Learned counsel for the Appellants submitted that Appellants – Plaintiffs had entered into Memorandum of Understanding with the Defendant No.1 for development of the property. This Memorandum of Understanding dated 25th August, 2005 had fixed certain time limit within which the activities were to be completed. This date was extended eventually till 30th April, 2006. The Defendant no.1 gave a notice terminating the agreement on 4th November, 2006 and thereafter, entered 2 7 ao 599.2010.doc into an agreement with the Defendant No.2 on 6th March, 2007. A Public notice was issued by the Defendants on 8th November, 2007 to which the Appellants - Plaintiffs raised an objection on 1st December, 2007. But the Appellants filed suit before the trial court only on 22nd September, 2008. The learned trial judge has therefore rightly come to the conclusion in paragraph 20 of his order that the plaintiffs have come to the court at the very late stage after the defendants had already created third party interest in favour of defendant No.15 and also noting that construction has substantially progressed. Considering this it cannot be said that learned judge erred in refusing the applicants prayer for injunction, and also taking into consideration the fact that the suit is of the year 2008 as also the nature of dispute before the trial court, the learned trial judge would endeavor to dispose of the suit within a period of one year. The Appeal is dismissed. The learned trial judge shall endeavor to dispose of the suit within a period of one year. 3 In view of the dismissal of the Appeal from Order, Civil Application No.775 of 2010 does not survive and the same is disposed of accordingly. (R.C. CHAVAN, J.)