-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET WRIT WRIT WRIT PETITION PETITION PETITION NO.3358 OF 2007 NO.3358 OF 2007 NO.3358 OF 2007 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.G.S.Godbole for the Petitioners CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JULY 4,2007. : JULY 4,2007. : JULY 4,2007. P.C.: P.C.: P.C.: 1. Heard Shri Godbole for the Petitioners. The Petitioners are the original defendants. The Respondents-original Plaintiffs filed an Application for temporary injunction. The said application for temporary injunction was rejected by the trial court. In an Appeal preferred by the original Plaintiffs, the application for temporary injunction has been allowed. The Petitioners have been restrained by an order of temporary injunction from going to their field Gat No.143 from the bandh situated between Gat No.166 and 142 owned by the Plaintiffs. -2- 2. After having heard the Advocate for the Petitioners, I find that prima facie view taken by the Appellate Court is based on consideration of documentary evidence on record. In a Writ Petition under Article 227 of Constitution of India, no case is made out for interference. Writ Petition is rejected. 3. It is made clear that the trial Court will decide the suit without being influenced by the tentative findings recorded by the Appellate Court. Hearing of the suit is expedited. The trial court will endeavour to decide the suit as expeditiously as possible and preferably on or before 31st March 2008. JUDGE JUDGE JUDGE