1 srk app-L-838-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.838 OF 2010 IN CHAMBER SUMMONS NO.1238 OF 2010 IN SUIT NO.2105 OF 2007 Shri Mahesh G. Nandani and others. ... Appellants Versus Raja Builders and others. ... Respondents Mr. M.M. Vashi with Ms. Prachi Khandge i/by M/s. M.P. Vashi Associates for the appellants. Mr. D.H. Mehta with Ms. A.V. Khanolkar for respondent No.1. Ms. Nita Mandhyan i/by M/s. S.M. Associates for respondent No.2. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Wednesday, December 01, 2010 P .C. The learned counsel for the respondent-original plaintiff raises a preliminary contention that the present appeal is not maintainable. 2. Without going into the question of maintainability, we are not inclined to entertain this appeal against the interlocutory order of the learned trial Judge permitting the respondent-plaintiff to amend the plaint upon payment of cost of Rs.10,000/-, which order has already been implemented by the respondent-plaintiff having carried out the amendment. 2 srk app-L-838-10.sxw 3. The learned counsel for the petitioner, however, submits that the finding given by the learned trial Judge in para 6 of the order under appeal is not in accordance with law. 4. We do not propose to express any opinion but leave it open to the appellant-defendant Nos.2(a) to 2(e) and defendant No.3 to raise all contentions available to them at the hearing of the notice of motion No.2530 of 2008. 5. Subject to the above, appeal is dismissed. CHIEF JUSTICE S.J. KATHAWALLA, J.