1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.474 OF 2011 Khandelwal Engineering Co. Ltd. & Ors. ...Appellants. v. Malad Unique Classic Co-op. Hsg. Soc. Ltd. And Ors. ...Respondents. Mr. P.K.Dhakephalkar a/w Mr. Simil Purohit and Sandeep Bhimekar i/by M/s. Wadia Ghandy & Co. ,advs. For the Appellants. Mr. Ravindra R. Chile i/by Mr. D.T.Chafe, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JULY 8, 2011. P.C. 1 The appeal is preferred against the order passed by the City Civil Court making ad-interim order dated 5.10.2005 absolute in Notice of Motion No.3067 of 2005 . The learned senior counsel for the appellants contends that notice of motion has been decided by the trial Court not going to the merits of the case but on the basis of statement made by the defendants/appellants on 5.10.2005 that they would not act on the amended plan even if it is approved and till further orders. As the said statement was operating for more than 5 years and now suit itself is pending for six years, in my opinion, no purpose will be served by going to the merits of the impugned order. Purpose can be better served by 2 directing the trial Court to expedite and dispose off the suit itself. 2 Therefore, the appeal stands disposed off with direction that the City Civil Court shall expedite the hearing and dispose off the L.C. Suit No.3383 of 2005 as early as possible and preferably within six months. All the contentions of the parties are left open to be decided at the time of deciding the suit. It is made clear that this Court has not considered merits of the case while disposing off this appeal. (J.H. BHATIA,J.)