IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 663 OF 2008 SHRI. PIEDADE ASSUMPSAO BAPTISTA ALIAS PIEDADE BAPTISTA AND ANR., ... Petitioners Versus SMT. LUIZINHA A. PEREIRA E FERNANDES ... Respondent Mr. C. A. Coutinho, Advocate for the petitioners. Coram:- A. P. LAVANDE, J. Date:- 15th November, 2008 P.C. Heard Mr. Coutinho, learned counsel for the petitioners. By this petition, the peritioners/defendants challenge the order dated 09.07.2008 passed by the Ad-hoc District Judge, F.T.C., South Goa, Margao in Misc. Civil Appeal No.15/2008 by which an application for temporary injunction filed by the respondents has been allowed by allowing the appeal against order dated 31.03.2008 passed by the Trial Court dismissing the application for temporary injunction filed by the respondent/plaintiff. It is the case of the respondent who is the plaintiff in Regular Civil Suit No.14/2008 pending before the Civil Judge, Junior Division, Margao, that the defendants are undertaking construction by not keeping proper set back from the compound wall constructed by the plaintiff. It is the case of the petitioner that the respondents have encroached upon the property of the plaintiff and the plaintiff has illegally constructed a compound wall in the property of the defendants. The defendants have also filed a counter claim. The Trial Court by order dated 31.03.2008 dismissed the application for interim relief which has been reversed by the lower Appellate Court. The records disclose that the compound wall constructed by the respondents is in existence for some time although there is a dispute regarding the date of construction. This being the position the injunction granted by the Trial Court restraining the defendants from carrying out any construction without keeping proper set back from the Northern compound wall cannot be faulted with. In the event the said order is set aside the net affect would be that the construction that may be undetaken by the defendant would be within a distance of 4 mtrs. from theexisting compounda wall. This being the position, I am not inclined to interfere with the impugned order. At this stage, Mr. Coutinho submitted that hearing of the Regular Civil Suit No.14/2008/D pending before the Trial Court be expedited and directions be given to dispose of the suit within a period of six months since serious prejudice is being caused to the defendants as they are not able to undertake the construction inspite of having necessary permissions to carry out construction. According to Mr. Coutinho, the evidence in the suit has not yet begun. Considering the facts and circumstances of the case, I am of the opinion that this is a fit case wherein the hearing of Regular Civil Suit No.14/2008/D deserves to be expedited. The Trial Court to dispose of the suit expeditiously and in any case on or before 30.12.2009. Writ Petition stands disposed of. A. P. LAVANDE, J. lh/.