FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO. 6/2007 Smt. Amrutkour Udhamsingh & 2 others vs. Mohan Jagannath Yadav and 5 others ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : S.R. DONGAONKAR J. DATED : 3rd AUGUST, 2009. Heard Shri V.S.Bapat, Advocate, for the appellant. None present for respondent Nos. 1, 2 & 3. Shri Adgokar, AGP, appears for respondent nos. 5 & 6 The appellants are challenging the order passed by Civil Judge, Senior Division, Nagpur, below Exh. 5 in S.C.S.No. 281/2006. The order is passed on 29th April, 2005. The relevant order reads thus- Application is allowed. 2. Defendant no.5 is hereby restrained from effecting mutation in the relevant Government record of the suit property in the name of defendant nos. 1 to 3 and restrained the defendant nos. 1 to 3, their agents, servants, representatives or any other person acting on their behalf from disturbing the lawful and peaceful possession of the plaintiffs over the suit property till the decision of the suit on merits. 3. costs in cause. The defendant no.5 is directed not to mutate the names of defendant nos. 1, 2 & 3 i.e. the present appellant in the records of the suit property. I have gone through the judgment of the learned trial Judge. The learned trial Judge has relied on the provisions of Section 149 of the Maharashtra Land Revenue Code for coming to the conclusion that the injunction should be granted. According to him, the defendant Nos. 1, 2 & 3 have not filed the relevant application for mutation in their favour. In my opinion, considering the fact that the order under challenge is of 2006, and now the suit must have been at the final stage, without entering into the merits, by maintaining the impugned order, direction can be given that the suit be expeditiously decided. In these circumstances, the appeal is dismissed. However, the learned trial Judge is directed to decide the suit as early as possible in any case within a period of six months from today. Appeal is disposed of. JUDGE Rvjalit