1 wp 5021.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5021 OF 2011 1. Ganpatrao S/o Giramji Kulkarni, Age : 80 Years, Occu. : Agril., 2. Jayant S/o Ganpatrao Kulkarni, Age : 40 Years, Occu. : Agril., Both R/o Kostgaon, Tq. Renapur, Dist. Latur. .. .. Petitioners Versus Sumant S/o Shankarrao Deshmukh, Age : 73 Years, Occu. : Retired Servant, R/o Siddhivinayak, Pawan Nagar, Bhawsar Chowk, Taroda (Khurd), Nanded. .. .. Respondent Shri T. M. Venjane, Advocate for Petitioners. Shri K. B. Jadhavar, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 10TH OCTOBER, 2011. ORAL JUDGMENT : . Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 2 wp 5021.11 2. The present petitioners are the original plaintiffs who have filed the suit for injunction. Along with the suit the petitioners also filed an application for temporary injunction (Exhibit -5). The Court had granted ad-interim ex-parte injunction till 30.06.2011. The petitioner filed an application Exhibit 21 for continuation of said injunction order. The Court rejected the said application on the count that the petitioner failed to comply the provisions of Order 39 Rule 3. Aggrieved thereby the present petition is filed. 3. Heard Shri Venjane, the learned counsel for petitioners and Shri K. B. Jadhavar, the learned counsel for the respondent. 4. Initially on 12.07.2011, I had issued notice to the respondent and directed the parties to maintain the status quo. The said order is in force. 5. It is not disputed that initially the Court had granted ad- interim ex-parte injunction. Subsequently the same was not extended, probably on account of non compliance of Order 39 Rule 3. Shri Venjane, the learned counsel submits that the documents have been served on the respondent. 3 wp 5021.11 6. Be that as it may, the fact remains that since 12 th July, 2011 the order of status quo is in force. As such, without dilating on the merits of the matter, I dispose of the writ petition by directing both the parties to maintain status quo in respect of suit property till the decision of the temporary injunction application (Exhibit 05) by the Trial Court. The Trial Court shall dispose of the temporary injunction application expeditiously and preferably within a period of two months. Rule is accordingly made absolute with aforesaid observations. 7. It is made clear that, I have not considered the matter on merits and the Trial Court shall decide the application Exhibit 5 on its own merits. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Oct. 11