1 ao486-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.486 OF 2010 ALONGWITH CIVIL APPLICATION NO. 631 OF 2010 Ramchandra P. Harpale & Ors. .. Appellants V/s. Manjan Project Pvt. Ltd. .. Respondent ..... Mr. N. V. Walawalkar, senior counsel i/b. Mr. Ashok B. Tajane for the appellants. Ms. Manjiri S. Parasnis for the respondent. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- The learned counsel appearing for the respondent on instructions states that the respondent-plaintiff desires to apply for amendment of the plaint for incorporating a relief of specific performance of the agreement dated 15th December, 2006 and supplementary agreement dated 22nd August, 2007. 2. Prima facie, this Court was of the view that in absence of the prayer for specific performance, the respondent-plaintiff will not be 2 ao486-10 entitled to injunction which is granted by the impugned order. Now the respondent has made a statement that an application for amendment of the plaint as aforesaid will be made. Therefore, the impugned order will have to be set aside by grating liberty to the respondent to apply for amendment of the plaint. In case the amendment is allowed, it will be open for the respondent to apply for the same interim relief which has been prayed for in the application at Exhibit-5. 3. Hence I pass the following order : :: O R D E R :: i. The impugned order dated 24th April, 2010 is quashed and set aside only on the ground that respondent is desirous of applying for the amendment of plaint. ii. If application for amendment of the plaint is made by the respondent on or before 7th June 2011, the said application shall be decided by the trial Court within a 3 ao486-10 period of four weeks from the date of filing of the said application. In the event, the application for amendment is allowed, it will be open for the respondent to apply afresh for grant of temporary injunction. If such application is made, it will be decided by the trial Court on its own merits without being influenced by the impugned order and this order passed by this Court. iii. To enable the respondent to take appropriate steps, ad-interim order of status-quo passed by this Court on 5th May, 2010, will continue to operate till 31st July, 2011. iv. Appeal From Order is partly allowed in the above terms. v. Civil Application No.631 of 2010 does not survive and the same is disposed of. JUDGE