1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5986/2009 Prashant Purushottam Dixit Vs. M/s Bastiram Narayandas Sarda and others ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. L.V. Sangit, Advocate for petitioner. Mr. V.N. Damle, Advocate for respondent no.1. Mr. K.M. Suryawanshi, A.G.P. for respondent No.2. Mr. G.V. Wani, Advocate for respondents no.3 and 4. CORAM : [R.K. DESHPANDE, J.] PER COURT : 1. Heard. 2 The petition is filed by the original plaintiff. The trial Court by an order dated 13/03/2009 allowed the application filed by the plaintiff for grant of temporary injunction restraining the defendants who are respondents herein from creating third party interest in the suit property. On appeal being filed by the defendants i.e. Misc. Civil Appeal No.36/2009, the learned District Judge-1, Jalgaon reversed the order passed by trial 2 Court and dismissed the application for injunction, filed by the plaintiff and hence, the order dated 30/07/2009 passed in Misc. Civil Appeal No. 36/2009 is subject matter of the challenge in the present writ petition. 3 Shri Damle learned counsel for respondent no.1 waives service of notice. Shri G.V. Wani learned counsel appearing for respondents no.3 and 4 and respondent no.2 though served, none appears for it. This Court in the order dated 9th Sept. 2009 recorded the statement made on behalf of the respondent no. 1 as under. “Learned counsel for respondent No.1 seeks some time. He further makes statement that his client will not create any third party right, title and interest in respect of the suit property. The statement is accepted. Learned counsel for respondent no.1 waives notice. Issue notice before admission to respondent Nos. 2 to 4 returnable on 4th November, 2009.” 4 The learned counsel for the parties submit that the plaintiff has filed affidavit by way of evidence and it is for the defendant to cross examine the plaintiff. Thus, the matter is at the stage of evidence and even otherwise, it is accepted, if the parties co-operate, the matter would be concluded within a period of 3 three months. Hence, the learned counsel for the parties agreed that if the trial Court is directed to decide matter within a period of three months and statement recorded by this court, in the order dated 9th Sept. 2009 reproduced above is continued till then, they shall have no objection. 5 In view of the aforesaid position, the order dated 9th Sept. 2009 shall continue pending decision of R.C.S. No. 303/2997. The learned counsel for the defendants makes a statement that the defendants shall co-operate in the matter for early disposal, within a period of three months. Hence, the trial Court is directed to decide the suit within a period of three months. With these observations, instant writ petition stands disposed of. 6 No order as to costs. 7 Authenticated copy of this order duly signed by Section officer of this Court be supplied to the parties to act upon. Dt : 23rd June, 10 [R.K. DESHPANDE, J.] tsk/