1 ao328 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.328 OF 2004 Tarun Joshi & Ors. ...Appellants vs. M/s.B.J.Development Corporation & Anr. ...Respondent Mr.Ashwin Wandrewalla with Mr.Akshay Vani with Mr.Nitin Parekh i/b M/s.Vani & Associates for the appellants Ms Pooja Kshirsagar i/b EC Legal for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 21,2011 P.C.: 1 Draft amendment tendered by the learned counsel for the appellants is taken on record and marked `X for identification. Leave to amend the memorandum of appeal. Amendment to be carried out in four weeks. 2 Heard learned counsel for the appellants who are some of the original plaintiffs. By the impugned order, a notice of motion taken out by the appellants for temporary injunction has been dismissed. During the pendency of the said notice of motion, there was ad- interim relief granted on 14th October 2003 in Appeal from Order St. no.39358 of 2003 which was operating till the date on which the impugned order was passed. Under interim order dated 31st January 2005 passed by this Court in the present Appeal, the said ad-interim order dated 14th October 2003 was continued as interim order. 3 The learned counsel for the respondents has no objection if the interim order passed during the pendency of the appeal is continued till the final disposal of the suit and the hearing of the suit is expedited. 2 ao328 4 The suggestion made by the learned counsel for the respondent is reasonable. Interim relief which was operating in favour of the appellants from 14th October 2003 can be continued till the final disposal of the suit. 5 Hence, I pass the following order : i) Appeal is disposed of by directing that the interim order granted by this Court on 31st January 2005 in Civil Application no.434 of 2004 will continue to operate till the final disposal of the suit. Hearing of the suit is expedited. ii) All contentions of the parties on merits of the suit are kept open. JUDGE