IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION Appeal from Order No.68 of 2006 Appeal from Order No.68 of 2006 Appeal from Order No.68 of 2006 with with with Civil Application No.73 of 2006. Civil Application No.73 of 2006. Civil Application No.73 of 2006. Shri Pradeep Vasant Khanwilkar ..Appellant versus The State of Maharashtra & Others ..Respondents Shri Oak for the Appellant. Shri R.S.Apte for the Respondent No.3. Shri P.K.Dhakephalkar with R.D.Soni i/b. Rajesh Datar for the Respondent No.4. Shri R.G.Ketkar i/b. Shri Shekhar S. Bhise for the Respondent No.6. With With With WRIT PETITION 5740 OF 2006 WRIT PETITION 5740 OF 2006 WRIT PETITION 5740 OF 2006 The Aprant Co-op. Hsg. Soc. ..Petitioner versus M/s. Mundra Salt & Cheimcals & Ors. ..Respondents Shri R.G.Ketkar i/b. Shekhar S. Bhise for the Petitioners Shri R.S.Apte for the Respondent No.6. Shri P.K.Dhakephalkar with R.D.Soni i/b. Rajesh Datar for the Respondent No.1 WITH WITH WITH APPEAL FROM ORDER NO.1138 OF 2005 APPEAL FROM ORDER NO.1138 OF 2005 APPEAL FROM ORDER NO.1138 OF 2005 The Municipal Corporation of City of Thane ..Appellant versus M/s. Mundra Salt & Chemical Industries & others ..Respndents -2- Mr.R.S.Apte for the Appellant Shri P.K.Dhakephalkar with R.D.Soni i/b. Rajesh Datar for the Respondent No.1. Shri R.G.Ketkar i/b. Shri Shekhar S. Bhise for the Respondent No.7. WITH WITH WITH CIVIL APPLICATION NO.1004 OF 2006 CIVIL APPLICATION NO.1004 OF 2006 CIVIL APPLICATION NO.1004 OF 2006 IN IN IN A.O.ST.NO.24643 OF 2006 A.O.ST.NO.24643 OF 2006 A.O.ST.NO.24643 OF 2006 WITH WITH WITH C.A.24652 OF 2006 C.A.24652 OF 2006 C.A.24652 OF 2006 The Aprant Co-op. Hsg. Soc. Ltd., Applicant versus M/s. Mundra Salt & Chemical Industries, Thane & ors,. Respondents Shri R.G.Ketkar i/b.Shekhar Bhise for the Appelant Shri R.S.Apte for the Respondent No.6. Shri P.K.Dhakephalkar with R.D.Soni i/b. Rajesh Datar for the Respondent No.1. Shri R.G.Ketkar i/b. Shri Shekhar S. Bhise for the Respondent No.6. Coram : S.R.Sathe, J. Coram : S.R.Sathe, J. Coram : S.R.Sathe, J. Dated : 23rd August, 2007 Dated : 23rd August, 2007 Dated : 23rd August, 2007 P.C. 1. Heard Shri R.G.Ketkar, learned Advocate for Aprant Co-operative Housing Society, learned Senior Advocate Shri P.K.Dhakephalkar for M/s. Mundra Salt & Chemical Industries, Shri Oak for the Appellant in -3- A.O. 68 of 2006 and Shri R.S.Apte for the Municipal Corporation for the City of Thane, for quite a long time. 2. Taking into consideration the nature of dispute between the parties and the fact that the order of injunction is in operation for last six years, it was suggested to the parties that instead of interfering with the order passed by the Trial Court, the parties may consider to get the suit disposed of early. The learned counsel fairly submitted that the Trial Court be directed to expedite the matter and fixed time be given for the disposal of the suit. 3. Under the above mentioned circumstances, I am not inclined to interfere with the order passed by the Trail Court. Hence, A.O. 68 of 2006, A.O. 1138 of 2005, A.O.(St).No.24643 of 2007 and Writ Petition 5740 of 2006 are disposed of. 4. The trial Court is directed to decide the Special Civil Suit No.154 of 2000 on merits according to law as expeditiously as possible and in any event within six months from today. The trial -4- Court should also note that the A.O. is not disposed of on merits. 5. The parties to appear before the trial court on 3.9.2007. 6. The office is directed to send copy of this order to the Trial Court immediately with a request letter that the Special Civil Suit No.154 of 2000 be taken on board on 3.9.2007. 4. The above mentioned proceedings i.e. A.O., Writ Petition and Misc. Applications are disposed of accordingly. (S.R.Sathe, J.) (S.R.Sathe, J.) (S.R.Sathe, J.)