1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 352 OF 2009 Mukrumuddin Nizamuddin Ansari & anr. ... Appellants v/s Smt. Saeeda M. Kazi & ors. ... Respondents Mr.A.A.Kumbhakoni i/by Mr.Rajesh S. Datar for the appellants. Mr.P.K.Dhakephalkar i/by Mr.Ajay S. Patil for the respondent No.3. Smt.Manisha Salekar i/by Mr.N.R.Bubna for Resp.No.6. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH NOVEMBER, 2009 P.C.: 1. The present appeal from order has been preferred against the order passed by the Trial Court on 2.2.2009 below Exh.165 in Special Civil Suit No.166 of 1988. The appellants who are the plaintiffs, had claimed an injunction against the heirs of the original defendant No.3 from carrying out construction on the suit property. This 2 application has been refused since by an earlier order passed by this Court in Appeal from Order No.322 of 1990 this Court had concluded that there was no privity of contract between the plaintiffs and defendant No.3. 2. In my opinion, there is no error committed by the Trial Court which requires interference from this Court. However, the suit has been pending decision from the year 1988. In my view, therefore, it would be appropriate to direct the Trial Court to hear and decide the suit by 31st May, 2010. 3. Appeal from order dismissed. 4. In view of dismissal of the appeal from order, Civil Application No.426 of 2009 also stands dismissed. ..... 3