SRJ 1 ao-421-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.421 of 2009 WITH A.O.ST.NO.6061 OF 2009 Shri Suhas R. Merchant .. Appellant V/s. Shri Hari Laxman Dhadphale & Others .. Respondents. Shri A.V.Anturkar i/b.Mr.S.E.Deshmukh, for the Appellant. Shri V.P.Sawant i/b. P.M.Jadhav, for Respondents. CORAM :J.H.BHATIA,J. DATE :3rd MAY, 2010 P.C.:- 1. Appeal from Order no.421 of 2009 arises out of Special Civil Suit No.1533 of 2007 and A.O.St. No.6061 of 2009 arises out of Special Civil Suit No.1535 of 2007. A.O.St.No.6061 of 2009 is registered. 2. Appeal No.421 of 2009 is filed by the original plaintiff against refusal of injunction while A.O.St.No. 6061 of 2009 is filed by the original Defendant against grant of certain reliefs. In both the suits and the appeal, the property involved are plot nos.24, 89 and 90 situated at Hadapsar, Pune. The learned counsel for the parties informs that as far as plot no.90 is concerned, the owners of the property have executed a conveyance deed in favour of the third party. The suits were filed for SRJ 2 ao-421-09.sxw specific performance of contract. As far as plot nos. 24 and 89 are concerned, though memorandum of understanding has been entered into between the owners and the third party, no conveyance deed has been so far executed. In view of these facts and circumstances, Mr. Sawant, learned counsel for the original Defendants in both the suits makes a statement that the owners of the land, who are Defendants, shall not execute any conveyance deed in respect of plot nos.24 and 89, till final disposal of the suit. Mr.Sawant also makes a statement that the Defendants shall not make any development on the said plot nos. 24 and 89 pending the suit. The statement is accepted. In view of this statement, the learned counsel for the Plaintiff Mr. Anturkar makes a statement that the Plaintiff will not press for the injunction as far as plot no.90 is concerned against Defendants as conveyance deed has already been executed. Mr. Anturkar informs that the Plaintiff has already impleaded the purchasers of plot no. 90 in the suits by appropriate amendment to the plaint. 3. The impugned orders passed by the Trial Court in both the suits stand modified accordingly. The Trial Court shall expedite the hearing and dispose of both the suits as early as possible and preferably before the end of December, 2010. It is hereby made clear that the impugned orders are modified in view of the statements made by the learned counsel without going into merits. (J.H.BHATIA,J.) SRJ 3 ao-421-09.sxw