(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5959 OF 2009 1. Shri Dyaneshwar Sakhari Kolhe, Age : 42 years, Occupation : Agriculture. 2. Vimal Sakhari Kolhe, Age : 53 years, Occupation : Agriculture. 3. Kusum Ambadas Antre, Age : 56 years, Occupation : Agriculture. All R/o. Sanjivani Factory, .. Petitioners Taluka : Kopargaon, (Original District : Ahmednagar. defendants) versus 1. Shri Santosh Chaganlal Piapada, Age : 42 years, Occupation : Agriculture. 2. Shri Madhav Sahnkar Bothe, Age : 53 years, Occupation : Agriculture. 3. Shri Ramesh Wajaba Bothe, Age : 53 years, Occupation : Agriculture, All of the above R/o. Rahata, .. Respondents Taluka : Rahata, (Original District : Ahmednagar. plaintiffs) (2) .......................... Mr. S.D. Kulkarni, Advocate, for the petitioners. Mr. P.V. Mandlik, Senior Advocate, with Mr. A.S. Gandhi, Advocate, for respondent nos.1 to 3. .......................... CORAM : B.R. GAVAI, J. DATE : 3RD NOVEMBER 2009. COURT'S ORDER : 1. By way of present petition, the petitioners have challenged the order dated 16th July 2009, passed by the learned Ad hoc District Judge-1, Kopargaon, in appeal bearing No. 21/2009, thereby rejecting the application filed by the petitioners. The said appeal is filed by the petitioners against the order dated 29th June 2009, passed by the learned Joint Civil Judge (Junior Division), Rahata, below Exhibit 5 in Regular Civil Suit No. 128/2009, thereby granting application for temporary injunction filed by the respondents, original plaintiffs. 2. By the impugned order, the appellate court has continued the position which was granted by the trial court. (3) 3. Since the present petition arises out of an interlocutory order passed by the learned Ad hoc District Judge, during the pendency of the appeal filed by the present petitioners, I am not inclined to entertain the present petition in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 4. The petition is, therefore, dismissed. 5. However, taking into consideration facts of the case, the appellate court is directed to hear and decide the appeal, filed by the present petitioners, on its own merits, as expeditiously as possible and in any case, within a period of three months from today. ( B.R. GAVAI ) JUDGE ......................... bgp/wp5959