1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 237 OF 2010 WITH CIVIL APPLICATION NO. 315 OF 2010 IN NOTICE OF MOTIN NO. 684 O 2010 N S.C. SUIT NO. 463 OF 2010 M/s. Aibani Enterprise .. Appellant (Org.Plaintiff) vs. M/s. Evershine Developers & Ors. .. Respondents Org.defendants Mr. Mukesh P.Vashi, i/b. Mr. J.J.Shah, Advocates, for the appellant. Mr. R.A.Thorat, Advocate, for respondent Nos. 1 & 2. Mr. A.R.Patil, AGP, for respondent No.3. CORAM: J.H.BHATIA, J. DATE: 15th March, 2010. P.C. 1. The appeal is preferred against the rejection of ad-interim relief, pending the Notice of Motion. The learned Counsel for the appellant concedes that prayer clauses in the notice of Motion as well as the Plaint would be required to be amended. It appears that the plaintiff had filed Civil Suit No.2148 of 2006 2 for restoration of 506 sq. mtrs. of land on the ground that the defendant Nos. 1 and 2 had made encroachments on the same. That suit is pending. Later on, S.C. Suit No.463/2010 was filed on the ground that the respondent No.3 had committed mistakes in making survey and fixing the boundary of the land of the plaintiff adjoining the land of the defendant nos. 1 and 2. It appears that the defendant Nos. 1 and 2 have built up boundary walls including the disputed 506 sq. mtrs. area also. As per the learned Counsel for defendants/respondents Nos. 1 and 2, the said land is to be given to the Corporation as recreation ground. 2. Taking into consideration the controversy and the factthat the two suits are pending, the following order will meet the ends of justice :- The plaintiff/appellant shall be at liberty to take out Chamber Summons for appropriate amendment within 2 weeks from today i S.C. Suit No. 463/2010. They may also implead the Municipal Corporation as party in the suit. If the amendment application is moved, it shall be heard and disposed of promptly and the defendants shall be asked to file their written statement also promptly. The trial Court shall endeavour to dispose of the Suit No.463/2010 along with Suit No.2148/06 preferably by the end of December, 2010. Meanwhile, the parties shall maintain status quo. 3 The Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.)