1 21 ao.758.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 758 OF 2010 M/s. Lake Town Developers and others. ... Appellants Versus Rajendra N. Shinde. ... Respondent ----- Mr. S.G.Karandikar for the Appellants. Mr. B.P.Jakhade for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 28 th March, 2011. P.C. 1 The learned counsel appearing for the Respondent on instructions states that the Respondent is ready and willing to implead one Mr.Sureshchand S. Garg as the party defendant to the suit and the application at Exhibit – 28 for that purpose is already filed before the trial Court. The learned counsel appearing for the Appellants has no objection if the said application is allowed and the Respondent is permitted to amend the plaint for impleading the said person as a party to 2 21 ao.758.10 the suit and that if the Respondent is permitted to amend the application at Exhibit – 5 for seeking appropriate interim relief. The learned counsel appearing for the Appellants states that if the impugned order is set aside, till the application at Exhibit – 5 is reheard, the Appellants will not execute any conveyance in favour of said Mr.Sureshchand S. Garg. 2 The aforesaid statements are accepted. 3 Hence the appeal is disposed of by passing the following order: i. The impugned order dated 28 th August, 2009 is quashed and set aside and the application at Exhibit – 5 is restored to the file of the trial Court ; ii. The trial Court shall allow the application at Exhibit – 28 and will permit necessary amendment to be carried out to the plaint as well as to the application at Exhibit – 5 ; iii. The application at Exhibit – 5 shall be heard and 3 21 ao.758.10 decided afresh as expeditiously as possible and preferably before the end of June 2011 ; iv. The statement of the learned counsel appearing for the Appellants made on instructions of the Appellants that till the application at Exhibit – 5 is decided, the Applicants will not execute any conveyance in favour of said Mr.Sureshchand S. Garg is accepted; v. All contentions of the parties on merits of the application at Exhibit – 5 are kept open ; vi. Civil Application No. 945 of 2010 does not survive and the same is disposed of. [ A.S.OKA, J ]