IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.508 OF 2006 IN NOTICE OF MOTION NO.3469 OF 2005 IN S.C.SUIT NO.7756 OF 1999 WITH CIVIL APPLICATION NO.640 OF 2006 M/s.R.K.Builders & Anr. ...Appellants Versus Shree Rameswar Tower Co-op. Hsg.Society Ltd. & Anr. ...Respondents ...... Mr.Sandesh Patil i/b Mr.Dhanesh R.Shah for Appellants. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 19, 2006. JULY 19, 2006. JULY 19, 2006. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. I see no propriety in interfering in the : 2 : order which is impugned in this Appeal from Order, especially for the reasons in Paragraphs 7 and 8 thereof. The Court below has observed that in effect, the Appellants were wanting recall of order passed as back as on 28th July 2003 at this distance of time. That is one of the ground for rejecting Notice of Motion taken out by the Appellants. The view so taken by the Trial Court is a possible view and cannot be said to be perverse. In the circumstances, no interference is warranted in this Appeal from Order. 3. With a view to bring quietus to the entire dispute, in my opinion, it will be in the interest of all concerned that the hearing of the suit is expedited. The suit is pending since 1997. Several interlocutory applications have been filed before the Trial Court since then, as it is seen from the record produced before me. Accordingly, the Trial Court is directed to dispose of the suit expeditiously preferably by end of March 2007. 4. It is made clear that all issues will have to be decided by the Trial Court on its own merits : 3 : in accordance with law, uninfluenced by any observation made by it in any of the interlocutory orders passed in the pending suit. 5. The parties shall appear before the Trial Court on 28th July 2006 at 11.00 a.m. on which date, the Trial Court shall assign appropriate date for hearing of the suit so as to ensure that the suit is finally disposed of by end of March 2007. 6. Counsel for the Appellants shall inform the Advocate on record for the Respondents appearing before the Trial Court about the above directions so that, he will appear before the Trial Court on 28th July 2006 and abide by the schedule for trial of the Suit to be fixed by the Trial Court. 7. Appeal as well as application disposed of on the above terms. A.M.KHANWILKAR, J.