1 ca-1393-10 in ao-1135-10.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1393 OF 2010 IN APPEAL FROM ORDER NO.1135 OF 2010 Jayashree Shatranghna Survase ..Applicant Vs. Kerba Rangnath Survase ..Respondent Mr. Surel S. Shah for the Applicant Mr. G.M.Sawagave for Respondent No.1 CORAM:­ J.H. BHATIA, J DATED :­ JUNE 24, 2011. P.C. 1 The Appeal is already admitted and today the Civil Application for temporary injunction is on board. 2 Heard the Learned Counsel for the parties. Respondent No.2 had filed Regular Civil Suit No.380 of 2000 for perpetual injunction restraining the Defendants/Respondents from causing interference in their possession over the suit property. The trial court had given temporary injunction pending the suit as per the order dated 11­9­2000 and that Order was in force till the suit came to be dismissed on 14­10­2009. Against the dismissal of the suit, the Plaintiff/Appellants have preferred Civil Appeal No.257 of 2009. In that Appeal they sought temporary injunction pending the decision of the Appeal. However, the Appellate Court refused the temporary injunction. 3 In view of the facts and circumstances of the case, in my opinion, it would be in the interest of justice to continue the temporary injunction which 2 ca-1393-10 in ao-1135-10.sxw was in force pending the suit, till the decision of Appeal also. The Learned Counsel after some discussion agreed that the present Appeal and the Civil Application, both may be disposed of with directions to the Trial Court to dispose of the Appeal itself at the earliest. 3 Therefore, the District Judge, Solapur shall expedite the hearing and dispose of the Civil Appeal No.257 of 2009 as early as possible, as in any case by end of this year. Pending the said Appeal temporary injunction granted by the Trial Court on 11­9­2000 shall continue to be in force. 4 The present Appeal and Civil Application stand disposed of accordingly. (J.H.BHATIA, J.)