22-asia-751-2023.doc Ashwini IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.751 OF 2023 IN FIRST APPEAL NO.28 OF 1997 Hiralal Kantaprasad Gupta & Ors. ... Applicants/Appellants V/s. Dukhi Shyamnarayan Gupta & Ors. ... Respondents And M/s. Sawant Constructions ...Proposed Respondent No.5 _______________________ Adv. D.R. Singh, i/by R.B. Singh & Associates for the Appellants. Adv. Vishal Thaker, a/w Adv. Anjali Trivedi, i/by Vinod Thaker and Anjali Trivedi Advocates for the Proposed Respondent No.5. _______________________ CORAM : KAMAL KHATA, J. DATED : 19TH NOVEMBER 2025. P.C. : 1. The present Interim Application seeks an amendment of the First Appeal, to add the Respondent No.5 herein being the owner/developer as a party Respondent. 2. The learned Advocate representing Respondent No.5 submits that the addition of Respondent No.5 to the First Appeal may not be required. 3. He on instructions makes a statement that the suit premises will be handed over to the successful party in the dispute. 4. The Applicant's Advocate submits that despite service the 1/2 ASHWINI H GAJAKOSH Digitally signed by ASHWINI H GAJAKOSH Date: 2025.11.20 09:47:33 +0530 22-asia-751-2023.doc contesting Respondents have failed to appear. 5. I @nd no impediment in accepting the statement of Respondent No.5 as an undertaking to the Court and accordingly dispose of the Interim Application in terms of the aforestated submissions. 6. None of the parties would be prejudiced if such order is passed. 7. The Interim Application is disposed of. 8. The Respondent No.5 developer seeks liberty to move the Court for directions to handover the possession of the Bat/s if the development is completed prior to the resolution of disputes. 9. Liberty as prayed is granted. FIRST APPEAL NO.28 OF 1997 10. The learned Advocate for the Appellants shall @le and serve upon the Respondents, a consolidated list of dates and events, written submissions structured as a point-wise reply to the Opponent’s contentions and supporting case law within a period of three weeks from today. 11. The Respondent shall do the same within three weeks thereafter. 12. List the First Appeal on 14th January 2026 for hearing. (KAMAL KHATA, J.) 2/2