1 ao1225 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.1225 OF 2010 Chandar Tukaram Madvi & Ors. ...Appellants vs. M/s.Advance Home Makers & Ors. ...Respondents Ms Aparna Shinde for the appellants Mr.P.R.Arjunwadkar for the respondent no.1 CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 P.C.: 1 By this appeal from order, the original defendants have taken an exception to the Judgment and Order dated 9th August 2007 passed by the trial Court by which the trial Court has granted temporary injunction restraining the appellants from creating third party rights in respect of the property in dispute. 2 Various submissions have been made by the learned counsel for the appellants on merits. Her submission is that injunction could have been granted at highest relating to an area of 1700 sq. meters but the injunction has been granted in respect of a larger area. 3 I have considered the submissions. Discretionary and equitable relief of temporary injunction granted by the trial Court is operating for about last three and half years. Now the suit is part heard and the evidence of the first respondent-original plaintiff is being recorded. Therefore, this is not a stage where interference can be made with the discretionary order passed by the learned Judge. 2 ao1225 4 Appeal is accordingly dismissed. However, all contentions of the parties on merits of the suit are kept open. The suit will be decided on its own merits without being influenced by the tentative findings recorded by the trial Court in the impugned order. If any clarification as regards impugned order is required, it will be open for the applicants to apply to the trial Court in that behalf. Hearing of the suit is expedited. 5 Civil application no.1516 of 2010 does not survive and the same is disposed of as such. JUDGE