1 AO-1355-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 1355 OF 2010 WITH CIVIL APPLICATION NO. 1667 OF 2010 IN SPECIAL CIVIL SUIT NO. 137 OF 2010 M/s. Devidayal Rolling and Refineries Pvt.Ltd. ... Appellants vs. M/s. Ravi Realtors & Anr. ... Respondents Mr. Chirag Shah, a/w Ruchir Tolat i/b. M/s.L.C.Tolat & Co.,Advocates, for the appellants Mr. Ashutosh Singh, Advocate, for respondent No.1. Mr.Mahendra Agavekar i/b. Mr. Mandar Limaye,Advocate for the respondent No. 2. CORAM: J.H.BHATIA,J. DATE : 22nd July, 2011. P.C. 1. The application filed by the plaintiff/appellant for temporary injunction before the trial Court was rejected and one of the grounds for rejection was that the plaintiff had not sought declaration that the conveyance deed in favour of the defendants was not valid. The learned Counsel for the appellant makes a statement that the plaintiff/appellant has already moved an application before the trial Court for amendment of the plaint to incorporate such a prayer. 2 AO-1355-10.sxw That application is pending before the trial Court. In view of this, the learned Counsel for the appellant seeks to withdraw the Appeal with liberty to file fresh application for injunction after the application for amendment is decided. The Appeal and the Application stand disposed of as withdrawn with aforesaid liberty. The trial Court shall hear and dispose of the amendment application as early as possible and preferably within one month. 2. All contentions of the parties are left open to be decided by the trial Court. (J.H.BHATIA,J.)