-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 134 OF 2009 with CIVIL APPLICATION N0. 158 OF 2009 Sanjay Kumar Ghosh ... Appellant veersus Indrajit Roy and another ...Respondents Mr. Rajesh Singh for the appellant. None for the respondents. CORAM: P.B. MAJMUDAR,J. DATE: NOVEMBER 09, 2009. P.C. This Appeal from Order is directed against the order dated 16th January, 2009, passed by the learned Judge, City Civil Court at Dindoshi (Borivli Division), by which the learned Judge has issued show cause notice in connection with the prayer for interim injunction and the matter was adjourned to 6th February, 2009. Against the said order, the appellant has filed this appeal on the ground that the learned Judge ought to have granted the ad-interim relief as prayed for. In the impugned order, the learned Judge has made prima facie observations regarding averments made in paragraph 13 of the plaint. The court has prima facie found that the documents in question are not registered one and it seems that there may be some loan transaction between the plaintiff and defendant No.1 and in order to recover the loan amount that the documents -2- are executed. The learned Judge found that the ad-interim injunction is not required to be granted. Instead of granting ad-interim relief, the learned Judge has issued show cause notice to the other side. 2. It is required to be noted that the impugned order is passed as back as on 16th January, 2009 and in fact the matter was kept for hearing on 6th February, 2009. In the present appeal, no interim order is granted to the appellant till date. Considering the fact that instead of entertaining the appeal at the interlocutory stage, it would be just and proper to direct the learned Judge to dispose of the injunction application at the earliest and preferably within a period of four weeks from the receipt of the order from this Court. The learned Judge while deciding the interim relief my consider all relevant aspects of the matter and the prima facie observations made in the impugned order be not taken into account as the injunction application may be decided on its own merit and as per the evidence on record. It is clarified that this Court has not expressed any opinion on the merits of the matter and it is for the concerned Judge to decide the application on its own merits. Suffice it so say that the impugned order calls for no interference at this stage. In view of this, learned counsel for the appellant has not made any other submissions regarding the subject matter. 3. This Appeal from Order is accordingly disposed of. The learned trial -3- Judge is directed to dispose of the injunction application preferably within a period of four weeks from the receipt of order from this Court. Writ be sent to the trial Court forthwith. In view of the disposal of the appeal, no orders are required to be passed in the Civil Application and the same is accordingly disposed of. P. B. MAJMUDAR, J.