1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.583 OF 2006 IN NOTICE OF MOTION NO.3691 OF 2003 IN SUIT NO.611 OF 1979 Mr Manjula wd/o Chandrakant Mistry and anr. ...Appellants v/s Dhirajlal Narsi Mistry and others ...Respondents Mr S.C. Naidu with Mr T.R. Yadav i/b Mr Raj Khude for Appellants. Mr Vimadalal i/b M/s Vimadalal and Co. for Respondents. Ms Rajani Bhor i/b M/s Navdeep Vora and Associates for Applicants in Ch.Sum.No.623 of 2010. CORAM : D.K. DESHMUKH AND R.V. MORE JJ. DATE : 6TH MAY 2010. 2 P.C. :- 1] Heard learned counsel for both the sides. It is obvious that the order dated 5th May 2006 operates contrary to the finding recorded by the learned Single Judge while passing the preliminary decree in so far as division of tenanted premises is concerned. Therefore, the learned counsel appearing for both the sides have agreed for disposing off the appeal in following terms. 2] The order dated 5th May 2006 passed in notice of motion No.3691 of 2003 is set aside. That notice of motion is remitted back to the learned Single Judge for denovo consideration and decision in accordance with law. 3] During the pendency of the motion, interim order that was operating during the pendency of the appeal shall continue to operate save and except that the respondent Nos.1 to 3 shall not be permitted to withdraw the amount that the appellants 3 have deposited in this Court pursuant to the interim order, for a period of eight weeks from today. The learned counsel appearing for appellants has stated before us that within a period of eight weeks from today, the appellants will apply before the learned Single Judge for suitable interim orders. The appellants shall obtain suitable orders in relation to the amount that they have deposited pursuant to the interim order passed by the Appeal Court. In case there is no contrary order made by the learned Single Judge on expiry of the period of eight weeks, the respondent Nos.1 to 3 shall be permitted to withdraw the amount as they are doing presently. The learned Single Judge, in case proceedings are taken out by the appellants for modification of the interim arrangement, shall consider it on its own merits in accordance with law. The respondent Nos.1 to 3 are granted liberty to amend their notice of motion No.3691 of 2003 suitably. All objections that the appellants may have to such amendment are kept open to be raised before the learned Single Judge. The amendment to be carried out within a 4 period of eight weeks from today. Appeal is disposed off. Chamber summons No.623 of 2010 is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE R.V. MORE)