1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6544/2006 Smt. Janikbai w/o Narayanrao Tirode ..vs.. Aabid Hussain and others ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------ CORAM:- R. V. MORE, J. DATED :- 24 th January, 2008. 1. Heard Mrs. Dhole, learned counsel for the petitioner and Mr. Tajne, learned counsel for the respondents. 2. The petitioner is plaintiff and the respondents are defendants in Regular Civil Suit No. 1794/2005 pending on the file of 7th Jt. Civil Judge Jr. Division, Nagpur. The suit is filed for simpliciter injunction. During the pendency of the aforesaid suit, the petitioner took out application under Order XXXIX Rule 1 and 2 at Exh.-5 restraining the respondents, their representatives, agents, employees or anybody acting through them from carrying out any sort of construction on the suit way 2 till disposal of the main suit. The learned trial Judge after hearing both the sides, by his order dated 16.01.2006, was pleased to allow the application filed by the petitioner and the respondents were injuncted from carrying out any sort of construction on the suit way. 3. The respondents, being aggrieved, preferred Miscellaneous Civil Appeal No. 33/2006. This appeal came to be disposed of by the learned Ad Hoc District Judge-9, Nagpur by judgment and order dated 07.12.2006. The respondents' appeal came to be allowed and the trial Court's order on temporary injunction in favour of the petitioner came to be quashed and set aside. The learned counsel for the petitioner makes statement that during the pendency of Miscellaneous Civil Appeal, there was no stay to the trial Court's order. 4. The petitioner challenged the above said order of the lower appellate Court before this Court by filing present writ petition and this Court by passing order on 22.01.2007 directed the respondents not to carry out any further construction. 5. The learned counsel for the respective parties agree 3 that the petition can be disposed of by directing the learned trial Judge to expedite hearing of the suit and till disposal of the suit directing the parties to maintain status quo. In view of this agreement, I am of the view that no fruitful purpose would be served by keeping the writ petition in this Court. 6. In view of above, I pass the following order:- (i) The learned trial judge namely 7th Jt. Civil Judge Junior Division, Nagpur is directed to hear and dispose of Regular Civil Suit No 1794/2005, filed by the petitioner, as expeditiously as possible and in any event within a period of six months from the date of receipt of this order. (ii) The parties agree that they will maintain status quo in respect of the suit property as on today. (iii) The learned trial Judge shall dispose of the suit independently on its own merits and without being influenced by the order impugned in this petition. (iv) The learned counsel for the respective parties agree before this Court that they will not ask for adjournments unnecessarily and they will cooperate the Court for expeditious 4 disposal of the suit. (v) The writ petition stand disposed of with no order as to costs. Steno copy of the order duly authenticated by the Court Sheristedar be given to the learned counsel for the parties. JUDGE kahale