: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.60 OF 2010 Jamshedali Syed & Ors. ... Appellant V/s. Tressie Gerson Mascarenhas & Ors. ... Respondents Mr.A.A. Kumbhakoni i/b Gabriel Pillai for Appellants Mr.P.R. Kadam for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 2, 2010 P.C.: 1. The appeal from order has been preferred against the order dated 24.11.2009. By this order, the notice of motion filed by the plaintiffs has been made absolute in terms of prayer clauses (a), (b) and (c). The reliefs claimed in the notice of motion included an injunction against the defendants i.e. the appellants herein, restraining them from carrying on repairs to the structures or putting up any construction in the suit property. Another relief sought was that the defendants should not deal with the tenants in any manner or submit plans to the various authorities for development of the suit property. The trial Court has on the basis of the documents produced on record accepted the submissions of the learned advocate for the plaintiffs and has granted interim relief. 2. The primary contention of the learned advocate for the appellant is that the : 2 : suit is defective as all the owners of the suit property have not been arrayed as parties to the suit. The trial Court has considered this submission and has observed that the defect is curable and has therefore granted interim relief. 3. Admittedly, a chamber summons for amending to the plaint has been filed by the plaintiffs which is pending. In my view, the trial Court has not committed any error in granting the notice of motion. 4. Appeal is dismissed. In view of this, civil application No.104 of 2010 also stands dismissed.