1 ao-236.05 ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 236 OF 2005 Messers Ghatge Patil Industries Limited. .. Appellants Vs Sou Anita Diliprao Sawant & Others. .. Respondents -- Shri N.V. Walawalkar, Sr. Advocate i/by Shri G.H. Keluskar for the Appellants. Shri Rajiv Patil for Respondent Nos.1 to 4. -- CORAM : A.S.OKA, J. DATE : 11TH MARCH, 2011 ORAL JUDGMENT: . Called out for final hearing. Heard learned counsel appearing for the Appellants. The Appellants are the original Plaintiffs and the Respondents are the Defendants. 2. The challenge in this Appeal from Order is to the order dated 24th January, 2005 passed by the Trial Court by which an Application for temporary injunction made by the Appellants has been rejected. Along with the Appeal, the Appellants had taken out Civil Application No.229 of 2005. That Application was disposed of an order dated 19th April, 2005. Clause 5 of the said order reads thus:- 2 ao-236.05 “5. Hence, this civil application is disposed of by passing following order : (a) The undertakings of the respondents are accepted. (b) In case the said respondents create any third party interests, the same will be subject to final outcome of the suit and before creating third party interests the respondents will give notice in writing to the prospective purchasers of the pendency of the suit. (c) Pendency of this appeal will not operate as stay of the suit and learned trial Judge will decide the suit on its own merits.” 3. Perusal of the undertaking which is on record of the Civil Application shows that the undertaking of the concerned Respondents is operative till the disposal of the main suit. The interim arrangement made under the order dated 19th April, 2005 is operating for last about six years. The suit is still pending. Interests of justice will be subserved, if the same arrangement is continued till the disposal of the main suit. As the suit is of the year 2000, the hearing of the suit will have to be expedited. 4. Hence, the Appeal from Order is disposed of by passing following order:- (a) The undertaking dated 16th April, 2005 filed by the Respondent Nos.1, 3 and 4 which is on record of the 3 ao-236.05 Civil Application is accepted which will remain in force till the disposal of the suit. (b) In case the aforesaid Respondents create any third party interests during the pendency of the suit, the same will be subject to final outcome of the suit and before creating any third party interests, the said Respondents will give notice in writing to the prospective purchasers of the pendency of the suit. (c) All contentions of the parties on merits are kept open. (d) The suit will be decided on its own merits without being influenced by the tentative observations made in the impugned order and interim order passed by this Court. (e) Hearing of the suit is expedited and the Trial Court will endeavour to decide the suit on or before the end of October, 2011. (A.S.OKA, J)