-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1358 OF 2007 APPLICATION NO.1358 OF 2007 APPLICATION NO.1358 OF 2007 IN IN IN APPEAL APPEAL APPEAL FROM ORDER NO.275 OF 2007 FROM ORDER NO.275 OF 2007 FROM ORDER NO.275 OF 2007 Prakash Dhuru Shivalkar & Ors. ...Applicants vs. Sudhakar V. Bole & Ors. ...Respondents Mr.S.G.Kudle for the Applicants Ms Manjiri Parasnis h/f Mr.G.S.Godbole for Res. Nos.1 to 3 Mr.R.M.Nakhwa i/b Mr.Vasant Dhawan for Respondent No.4. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicants. The prayer made in this Application is for modification of the interim order dated 26th April 2007 passed in the Appeal from Order No.275 of 2007. The prayer is made on the ground that when this court disposed of the Civil Application No.397 of 2007 on 26th April 2007, the order of this court passed in Writ Petition No.2037 of 2006 was not brought to the notice of this Court. The submission is that in view of withdrawal of the petition filed before the Division Bench, interim relief could not have been granted. 2. I have considered the submissions. Firstly, it must be stated that the order of the Division Bench was brought to the notice of this court when the application for interim relief was heard. The interim relief was granted mainly on the ground that very drastic prayers have been granted at interim stage which has the effect of virtually granting the final -2- relief. 3. However, it must be stated that the Appeal from Order was fixed for hearing but it has not reached the hearing. 4. Though I am not inclined to the grant the prayers made in this Application, interests of justice will be met if the trial court is directed to dispose of the suit by giving priority. It is obvious that the trial court will not be influenced by the grant of interim relief by this court in the Appeal from Order. 5. Hence, Civil Application is disposed of by passing the following Order : i) Hearing of S.C.Suit No.644 of 2007 is expedited. The trial court is directed to dispose of the suit expeditiously and in any event on or before 30th June 2008. ii) The parties are directed to complete the pleadings till the end of March 2008. iii) It is made clear that the suit shall be disposed of without being influenced by the interim order passed by this court on 26th April 2007 in Civil Application no.397 of 2007. -3- iv) All contentions of the parties on merits of the suit are expressly kept open. JUDGE JUDGE JUDGE