IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 833 OF 2007 APPEAL FROM ORDER NO. 833 OF 2007 APPEAL FROM ORDER NO. 833 OF 2007 WITH CIVIL APPLICATION NO. 1158 OF 2007 Kamal Chandu/Chandru Badlani & Ors. ..Appellants (Org. Defendants) Versus Rajendra Krishnarao Sonawane & Anr. ..Respondents (Orig. Plaintiffs) Mr. Rajesh N.Kachare, Advocate, for the appellants. Mr.G.S.Godbole and Mr.Sangam Sahasrabnudhe,Advocates for the respondent No.1. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 29th January, 2008. DATE : 29th January, 2008. DATE : 29th January, 2008. P.C. P.C. P.C. 1. After sufficient arguments on the merits of the case, with consent of the learned Counsel for the appellant and respondent No.1, the Appeal stands disposed of with the following directions:- (i) The Appeal is allowed. The impugned order is set aside. (ii) The plaintiff shall be at liberty to move an application before the trial Court for amendment of the plaint, if necessary, and if such an application is made, the trial Court shall dispose of the same on its merits after hearing the parties. If such an amendment is made, the defendant shall be at liberty to file additional written statement. (iii) The trial Court shall expedite hearing of the said Suti No.43 of 2006 and dispose of the same as far as possible within six months from the date of receipt of writ from this Court. (iv) In case, defendant Nos. 1 to 3 enter into any transaction about the suit property with any third party, they shall inform such party about pendency of the present litigation and such party shall take property subject to the result of the present litigation. 2. In view of the disposal of the Appeal, the Civil Application does not survive and stands disposed fo accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)