: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.463 OF 2008 IN SPL. CIVIL SUIT NO.848 OF 2007 Sureshkumar Lataprashad Dubey & Anr. ..Appellants. Vs. Mrs.Kalpana Kutiyar & Anr. ..Respondents. Mr.J.N.Shirdhankar with Mr.Manoj M. Kondekar for the Appellants. Ms.Paunita Khanna with Ms.Vanita Kakar for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 25TH JUNE, 2008 DATED : 25TH JUNE, 2008 DATED : 25TH JUNE, 2008 P.C. : P.C. : P.C. : The learned counsel appearing on behalf of the Appellants has, adopted a fair and a reasonable stand. He states that the difficulties arose on account of the suit having been filed in a hurry. 2. I am unable to state that this explanation is unfounded. It is possible that it is so. Criminal complaints were filed by Respondent No.1 on 12.12.2007. Enquiries were made by the police and anticipatory bail applications were made and : 2 : granted. The suit was filed on 19.12.2007 i.e. within one week of the said complaint. It is possible therefore, as contended by the learned counsel appearing on behalf of the Appellants that all the material could not be produced in view of the short time available. 3. The learned counsel however, fairly states that with a view to establishing the bona-fides of the Appellants, the Appellants will without prejudice to their rights and contentions, vacate the suit premises and hand over possession thereof to Respondent No.1 on or before 30th September, 2008. However, one room on the second floor admeasuring not less than 150 sq. ft. will be handed over to Respondent No.1 on or before 31st July, 2008. The same shall be used by Respondent No.1 for the purpose of storing her articles. The articles shall be stored in the presence of an officer of this Court, to be appointed by the Registrar (Judicial). The parties and/or their representatives shall remain present when the officer visits the suit premises. 4. The Appellants shall be entitled to make an application for amendment of the plaint and to take : 3 : out a fresh application for interim reliefs. The same shall be decided by the trial Court uninfluenced by the impugned order and by the orders passed in the present proceeding, including the order dated 5.5.2008. 5. Appeal from Order stands disposed of. ***